Case: Weaver v. U.S. Citizenship and Immigration Services (USCIS)

1:08-cv-21588 | U.S. District Court for the Southern District of Florida

Filed Date: June 5, 2008

Closed Date: Nov. 25, 2008

Clearinghouse coding complete

Case Summary

On June 5, 2008, several U.S. Lawful Permanent Residents filed a lawsuit in the Southern District of Florida against U.S. Citizenship and Immigration Services ("USCIS"), the Federal Bureau of Investigation ("FBI"), and the Attorney General's Office, under the Immigration and Nationality Act ("INA") and the Administrative Procedure Act ("APA"). The plaintiffs, represented by the Florida Immigrant Advocacy Center and private counsel, sought declaratory judgment, injunctive relief, attorneys' fee…

On June 5, 2008, several U.S. Lawful Permanent Residents filed a lawsuit in the Southern District of Florida against U.S. Citizenship and Immigration Services ("USCIS"), the Federal Bureau of Investigation ("FBI"), and the Attorney General's Office, under the Immigration and Nationality Act ("INA") and the Administrative Procedure Act ("APA"). The plaintiffs, represented by the Florida Immigrant Advocacy Center and private counsel, sought declaratory judgment, injunctive relief, attorneys' fees, and approval of all of the plaintiffs' naturalization applications, alleging that the defendants had unlawfully and unreasonably delayed rendering a decision on the plaintiffs' naturalization applications.

The plaintiffs all had applications for naturalization (citizenship) that had been delayed for 2-4 years after they had completed their citizenship interviews. The plaintiffs argued that they met all of the statutory requirements of becoming a U.S. citizen and that federal law dictated that naturalization applications should be decided within 120 days. They also argued that federal law provided that where applicants met all legal requirements for naturalization, USCIS "shall grant" the application. As a result of the long delays in the adjudication of their applications, the plaintiffs claimed that they suffered hardship, such as anxiety over their immigration applications, prolonged family separations, ineligibility for certain employment opportunities or public benefits, and the exclusion from the political process due to their inability to vote.

On October 1, 2008, the plaintiffs filed their first amended complaint. On November 28, 2008, the District Court (Judge Federico A. Moreno) granted the defendants' motion to remand the plaintiffs' application back down to USCIS for adjudication. If the defendants failed to adjudicate the plaintiffs' applications within 90 days, then the plaintiffs would be able to refile their claim. The District Court also denied the motions for class certification and denied all other motions as moot.

Summary Authors

Perry Miska (3/24/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5541328/parties/weaver-v-us-citizenship-and-immigration-services-uscis/


Judge(s)

Moreno, Federico A. (Florida)

Attorneys(s) for Plaintiff

Galloni, Tania (Florida)

Gundrum, Mary (Wisconsin)

Little, Cheryl (Florida)

Wahid, Khurrum (District of Columbia)

Attorneys(s) for Defendant

Dempsey, Christopher W. (District of Columbia)

Lee, Dexter (Florida)

Judge(s)

Moreno, Federico A. (Florida)

Attorneys(s) for Plaintiff

Galloni, Tania (Florida)

Gundrum, Mary (Wisconsin)

Little, Cheryl (Florida)

Wahid, Khurrum (District of Columbia)

Attorneys(s) for Defendant

Dempsey, Christopher W. (District of Columbia)

Lee, Dexter (Florida)

Documents in the Clearinghouse

Document

Docket

Weaver v. U.S. Citizenship and Immigration Services (USCIS)

Jan. 6, 2009 Docket
1

Complaint - Class Action

June 5, 2008 Complaint
7

First Amended Complaint - Class Action

Weaver v. U.S. Citizenship and Immigration Services (USCIS)

Aug. 1, 2008 Complaint
32

Order Granting Defendants' Motion to Remand, Denying Motion for Class Certification, and Denying All Other Motions as Moot

2008 WL 5070299

Nov. 24, 2008 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5541328/weaver-v-us-citizenship-and-immigration-services-uscis/

Last updated May 12, 2022

ECF Number Description Date Link
32

ORDER REMANDING CASE to USCIS, DENYING Class Certification, and denying all other motions as MOOT. Signed by Chief Judge Federico A. Moreno on 11/24/2008. (MM)

Nov. 25, 2008 RECAP

State / Territory: Florida

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: June 5, 2008

Closing Date: Nov. 25, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are immigrants of different countries residing in Florida, each of whom have been waiting for a determination of their naturalization applications for over 2-6 years.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

U.S. Citizenship and Immigration Services , Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Access to lawyers or judicial system

Timeliness of case assignment

Wait lists

Immigration/Border:

Admission - procedure

U.S. citizenship - acquiring