Case: Arapi v. U.S. Citizenship and Immigration Services

4:16-cv-00692 | U.S. District Court for the Eastern District of Missouri

Filed Date: May 18, 2016

Closed Date: 2017

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Case Summary

On May 18, 2016, thirteen lawful permanent residents (LPRs) filed this lawsuit in the U.S. District Court for the Eastern District of Missouri. Plaintiffs sued U.S. Citizenship and Immigration Services (USCIS), a component of the U.S. Department of Homeland Security (DHS), under the Immigration and Nationality Act (INA), the Administrative Procedures Act (APA), and the Declaratory Judgment Act. The plaintiffs, represented by a private immigration law firm, claimed that USCIS had unlawfully dela…

On May 18, 2016, thirteen lawful permanent residents (LPRs) filed this lawsuit in the U.S. District Court for the Eastern District of Missouri. Plaintiffs sued U.S. Citizenship and Immigration Services (USCIS), a component of the U.S. Department of Homeland Security (DHS), under the Immigration and Nationality Act (INA), the Administrative Procedures Act (APA), and the Declaratory Judgment Act. The plaintiffs, represented by a private immigration law firm, claimed that USCIS had unlawfully delayed adjudicating their naturalization applications by classifying them under its CARRP (Controlled Application Review and Resolution Program) policy. The plaintiffs sought an injunction compelling USCIS to dismantle CARRP policies and to adjudicate the plaintiffs' applications, and a declaratory judgment that CARRP violated the INA, APA, the Naturalization Clause of the Constitution, and the Due Process Clause under the Fifth Amendment. Subsequently, on June 21, 2016, the plaintiffs filed an amended complaint, increasing the number of plaintiffs to twenty. The plaintiffs were all from countries with significant Muslim populations — Albania, Pakistan, Iraq, Palestine, Egypt, Nigeria, Bosnia, India, Iran, Afghanistan, Yemen, Mali, and Sudan.

USCIS's CARRP policy directed adjudicating officers to identify any immigration benefits application by any applicant that might implicate a "national security concern." When so classified, the officers were required to delay or deny the application. Although the total number of people subject to CARRP is not known, USCIS data revealed that between 2008 and 2012, more than 19,000 people from twenty-one Muslim-majority countries or regions were subjected to CARRP. CAARP's definition of a "national security concern" was broader than the INA's, drawing on the FBI's Terrorist Screening Database, which the plaintiffs alleged was based on vague, overbroad, and uncorroborated information.

All the plaintiffs in this case submitted naturalization applications that were subject to CAARP. Some of the plaintiffs had already also had naturalization interviews and examinations, part of the statutorily defined naturalization process under the INA. That statute specified that USCIS must process a naturalization application within 180 days from the filing date and within 120 days of the interview and examination date. All the plaintiffs had been waiting for a decision for longer than the 180-day period -- in one case, for more than two years. Further, USCIS did not notify plaintiffs that they had been classified under CARRP, nor did the plaintiffs have an opportunity to respond to this action.

In addition to the INA claim, the plaintiffs challenged CARRP as a violation of the APA due to USCIS's arbitrary and capricious action and action contrary to law. CARRP never passed through the APA's notice-and-comment rulemaking process, nor did Congress approve it. The plaintiffs alleged that the INA, rather than USCIS's additional non-statutory criteria, must govern naturalization entitlements because the Naturalization Clause of the Constitution empowers Congress to set naturalization law through statutes.

After the plaintiffs filed their complaints, during the rest of 2016, the individual plaintiffs filed three voluntary dismissal motions, after either USCIS had adjudicated their applications or the particular plaintiffs themselves had withdrawn them. By the end of 2016, only one plaintiff remained. On December 19, 2016, the defendants moved to dismiss the case, arguing that USCIS had already denied this plaintiff's application in October 2016, and so the Court lacked jurisdiction. In response, on January 3, 2017, the remaining plaintiff opposed the defendants' motion to dismiss, arguing that the Court retained jurisdiction because the litigation had started before the USCIS adjudication. The defendants replied on January 10.

On June 1, the defendants notified the Court that a federal grand jury had indicted the plaintiff for selling contraband cigarettes.

On August 24, the Court granted the defendants' motion to dismiss the case. The Court held that it lacked subject-matter jurisdiction. The Court stated that the plaintiff had failed to challenge USCIS's adjudication jurisdiction while the amended complaint was pending; that USCIS had already adjudicated and denied her naturalization application, thereby making the case moot; and that an appeal to the denial was pending in the agency, preventing ripeness. Further, the plaintiff lacked standing to procure a declaratory judgment as to CAARP's validity, due to unlikelihood of future injury. The Court thus dismissed the case without prejudice. 2017 WL 3658916.

This case is now closed.

Summary Authors

Ava Morgenstern (1/18/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6192733/parties/arapi-v-us-citizenship-immigration-services/


Judge(s)

Ross, John Andrew (Missouri)

West, Robert Andrew (Missouri)

Attorney for Plaintiff

Hacking, James O. (Missouri)

Attorney for Defendant

Hollis, Christopher W. (District of Columbia)

Rund, Jane (Missouri)

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Documents in the Clearinghouse

Document

4:16-cv-00692

Docket [PACER]

Arapi v. USCIS

Aug. 24, 2017

Aug. 24, 2017

Docket
1

4:16-cv-00692

Complaint

Arapi v. USCIS

May 18, 2016

May 18, 2016

Complaint
3

4:16-cv-00692

Amended Complaint

Arapi v. USCIS

June 21, 2016

June 21, 2016

Complaint
12

4:16-cv-00692

Notice of Voluntary Dismissal of Claims by Certain Plaintiffs

Arapi v. USCIS

U.S. District Court for the Western District of Missouri

Aug. 28, 2016

Aug. 28, 2016

Notice Letter
16

4:16-cv-00692

Notice of Voluntary Dismissal of Claims by Certain Plaintiffs

Arapi v. USCIS

Sept. 17, 2016

Sept. 17, 2016

Notice Letter
20

4:16-cv-00692

Notice of Voluntary Dismissal of Claims by Certain Plaintiffs

Arapi v. USCIS

Dec. 8, 2016

Dec. 8, 2016

Notice Letter
22

4:16-cv-00692

Defendants' Motion to Dismiss the First Amended Complaint

Arapi v. USCIS

Dec. 19, 2016

Dec. 19, 2016

Pleading / Motion / Brief
25

4:16-cv-00692

Memorandum in Opposition to Defendants' Motion to Dismiss

Arapi v. USCIS

Jan. 3, 2017

Jan. 3, 2017

Pleading / Motion / Brief
28

4:16-cv-00692

Memorandum and Order

Alwan v. U.S. Citizenship and Immigration Services

Aug. 24, 2017

Aug. 24, 2017

Order/Opinion

2017 WL 2017

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6192733/arapi-v-us-citizenship-immigration-services/

Last updated May 6, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendant All Defendants with receipt number 0865-5407761, in the amount of $400 Non-Jury Demand,, filed by Amina Tursunovic, Ibrahim Mohamed Zidan, Samina Syed, Eriola Arapi, Mohammad S. Jauda, Mohammad A Al Muttan, Wafaa Alwan, Abubakar Ahmed Abulfathi, Syed Tariq Ali, Hanaa B. Kayem, Saqib Sarwar, Mirzeta Tursunovic, Syed Asghar Ali. (Attachments: # 1 Original Filing Form, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons)(Hacking, James) (Entered: 05/18/2016)

1 Original Filing Form

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2 Civil Cover Sheet

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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May 18, 2016

May 18, 2016

PACER

Case Opening Notification: 8 Summons(es) issued. The summons was emailed to James O. Hacking, III. Judge Assigned: Honorable John A. Ross. (MFG)

May 18, 2016

May 18, 2016

PACER
2

NOTICE of Voluntary Dismissal by Syed Tariq Ali of Said Plaintiff's Claims Only Without Prejudice (Hacking, James) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

PACER
3

AMENDED COMPLAINT against defendant All Defendants, filed by Amina Tursunovic, Ibrahim Mohamed Zidan, Samina Syed, Eriola Arapi, Mohammad S. Jauda, Mohammad A Al Muttan, Wafaa Alwan, Abubakar Ahmed Abulfathi, Syed Tariq Ali, Hanaa B. Kayem, Saqib Sarwar, Mirzeta Tursunovic, Syed Asghar Ali, Sharafat Y Mohammad, Adnan Sawlan, Sory Ibrahim Doumbia, Mahmood Ali Mansur, Musrath Jahan Baig, Abdelsamed Alamin, Abdolreza Osouli, Nermin Busevac.(Hacking, James) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

PACER
4

ORDER re 2 NOTICE of Voluntary Dismissal by Syed Tariq Ali: SO ORDERED. Syed Tariq Ali terminated. Signed by District Judge John A. Ross on 6/21/16. (JAB) (Entered: 06/22/2016)

June 21, 2016

June 21, 2016

PACER
5

ENTRY of Appearance by Christopher Wayne Hollis for Defendants David Douglas, Matthew D. Emrich, Jeh Johnson, Chester S. Moyer, Daniel Renaud, Leon Rodriguez, U.S. Citizenship & Immigration Services. (Hollis, Christopher) (Entered: 06/30/2016)

June 30, 2016

June 30, 2016

PACER
6

ENTRY of Appearance by Jane Rund for Defendants David Douglas, Matthew D. Emrich, Jeh Johnson, Chester S. Moyer, Daniel Renaud, Leon Rodriguez, U.S. Citizenship & Immigration Services. (Rund, Jane) (Entered: 06/30/2016)

June 30, 2016

June 30, 2016

PACER
7

MOTION for Leave to File First Amended Complaint (Docket # 3) by Plaintiffs Abubakar Ahmed Abulfathi, Mohammad A Al Muttan, Abdelsamed Alamin, Syed Tariq Ali, Syed Asghar Ali, Wafaa Alwan, Eriola Arapi, Musrath Jahan Baig, Nermin Busevac, Sory Ibrahim Doumbia, Mohammad S. Jauda, Hanaa B. Kayem, Mahmood Ali Mansur, Sharafat Y Mohammad, Abdolreza Osouli, Saqib Sarwar, Adnan Sawlan, Samina Syed, Amina Tursunovic, Mirzeta Tursunovic, Ibrahim Mohamed Zidan. (Hacking, James) (Entered: 07/02/2016)

July 2, 2016

July 2, 2016

PACER
8

Docket Text ORDER: Re: 7 MOTION for Leave to File First Amended Complaint (Docket # 3) by Plaintiffs. ; ORDERED GRANTED. Signed by District Judge John A. Ross on 7/5/16. (JAB) (Entered: 07/05/2016)

July 5, 2016

July 5, 2016

PACER
9

Consent MOTION for Extension of Time to File Answer Defendants' Unopposed Motion for Extension of Time to Respond to the First Amended Complaint by Defendants David Douglas, Matthew D. Emrich, Jeh Johnson, Chester S. Moyer, Daniel Renaud, Leon Rodriguez, U.S. Citizenship & Immigration Services. (Hollis, Christopher) (Entered: 07/12/2016)

July 12, 2016

July 12, 2016

PACER
10

Docket Text ORDER: GRANTING 9 Consent MOTION for Extension of Time to Respond to the First Amended Complaint by Defendants David Douglas, Matthew D. Emrich, Jeh Johnson, Chester S. Moyer, Daniel Renaud, Leon Rodriguez, U.S. Citizenship & Immigration Services. ( Response to Court due by 9/5/2016.). Signed by District Judge John A. Ross on 7/12/16. (KKS) (Entered: 07/12/2016)

July 12, 2016

July 12, 2016

PACER
11

ENTRY of Appearance by Robert Andrew West for Plaintiffs Abubakar Ahmed Abulfathi, Mohammad A Al Muttan, Abdelsamed Alamin, Syed Tariq Ali, Syed Asghar Ali, Wafaa Alwan, Eriola Arapi, Musrath Jahan Baig, Nermin Busevac, Sory Ibrahim Doumbia, Mohammad S. Jauda, Hanaa B. Kayem, Mahmood Ali Mansur, Sharafat Y Mohammad, Abdolreza Osouli, Saqib Sarwar, Adnan Sawlan, Samina Syed, Amina Tursunovic, Mirzeta Tursunovic, Ibrahim Mohamed Zidan. (West, Robert) (Entered: 07/25/2016)

July 25, 2016

July 25, 2016

PACER
12

NOTICE of Voluntary Dismissal by Abdelsamed Alamin, Syed Asghar Ali, Eriola Arapi, Musrath Jahan Baig, Nermin Busevac, Sory Ibrahim Doumbia, Mohammad S. Jauda, Hanaa B. Kayem, Mahmood Ali Mansur, Saqib Sarwar (Hacking, James) (Entered: 08/28/2016)

Aug. 28, 2016

Aug. 28, 2016

PACER
13

ORDER re: 12 NOTICE of Voluntary Dismissal, Eriola Arapi, Musrath Jahan Baig, Nermin Busevac, Sory Ibrahim Doumbia, Mohammad S. Jauda, Hanaa B. Kayem, Mahmood Ali Mansur, Saqib Sarwar, Abdelsamed Alamin and Syed Asghar Ali terminated. Signed by District Judge John A. Ross on 8/29/2016. (CLO) (Entered: 08/29/2016)

Aug. 29, 2016

Aug. 29, 2016

PACER
14

Second MOTION for Extension of Time to File Response/Reply as to 3 Amended Complaint, by Defendants David Douglas, Matthew D. Emrich, Jeh Johnson, Chester S. Moyer, Daniel Renaud, Leon Rodriguez, U.S. Citizenship & Immigration Services. (Rund, Jane) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER
15

ORDER: IT IS HEREBY ORDERED that Defendants' Second Motion for Extension of Time to Respond to the First Amended Complaint 14 is GRANTED. Signed by District Judge John A. Ross on 9/1/2016. (CLO) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER
16

NOTICE of Voluntary Dismissal by Sharafat Y Mohammad, Abdolreza Osouli, Adnan Sawlan, Samina Syed (Hacking, James) (Entered: 09/17/2016)

Sept. 17, 2016

Sept. 17, 2016

PACER
17

ORDER re 16 Notice of Voluntary Dismissal. Samina Syed, Amina Tursunovic, Sharafat Y Mohammad and Abdolreza Osouli terminated. Signed by District Judge John A. Ross on 10/5/16. (JAB) (Entered: 10/05/2016)

Oct. 5, 2016

Oct. 5, 2016

PACER
18

Consent MOTION for Extension of Time to File Answer Defendants' Unopposed Third Motion for Extension of Time to Respond to the First Amended Complaint by Defendants David Douglas, Matthew D. Emrich, Jeh Johnson, Chester S. Moyer, Daniel Renaud, Leon Rodriguez, U.S. Citizenship & Immigration Services. (Hollis, Christopher) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
19

Docket Text ORDER: Re: 18 Consent MOTION for Extension of Time to File Answer Defendants' Unopposed Third Motion for Extension of Time to Respond to the First Amended Complaint by Defendants David Douglas, Matthew D. Emrich, Jeh Johnson, Chester S. Moyer, Daniel Renaud, Leon Rodriguez, U.S. Citizenship & Immigration Services. (Hollis, Christopher) filed by David Douglas, Jeh Johnson, Daniel Renaud, Leon Rodriguez, U.S. Citizenship & Immigration Services, Matthew D. Emrich, Chester S. Moyer ; ORDERED GRANTED, ( Response to Court due by 12/19/2016.). Signed by District Judge John A. Ross on 10/13/2016. (CLO) (Entered: 10/13/2016)

Oct. 13, 2016

Oct. 13, 2016

PACER
20

THIRD NOTICE of Voluntary Dismissal by Abubakar Ahmed Abulfathi, Mohammad A Al Muttan, Adnan Sawlan, Mirzeta Tursunovic, Ibrahim Mohamed Zidan (Hacking, James) (Entered: 12/08/2016)

Dec. 8, 2016

Dec. 8, 2016

PACER
21

ORDER re 20 THIRD NOTICE of Voluntary Dismissal. SO ORDERED. Adnan Sawlan, Mirzeta Tursunovic, Ibrahim Mohamed Zidan, Abubakar Ahmed Abulfathi and Mohammad A Al Muttan terminated. Signed by District Judge John A. Ross on 12/12/16. (JAB) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
22

MOTION to Dismiss Case Defendants' Motion to Dismiss the First Amended Complaint by Defendants David Douglas, Matthew D. Emrich, Jeh Johnson, Chester S. Moyer, Daniel Renaud, Leon Rodriguez, U.S. Citizenship & Immigration Services. (Attachments: # 1 Exhibit Ex. A -- Denial Decision by USCIS on Plaintiff Alwan's Form N-400, Application for Naturalization, # 2 Exhibit Ex. B -- Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA) submitted by Plaintiff Alwan)(Hollis, Christopher) (Entered: 12/19/2016)

1 Exhibit Ex. A -- Denial Decision by USCIS on Plaintiff Alwan's Form N-400,

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2 Exhibit Ex. B -- Form N-336, Request for a Hearing on a Decision in Naturalizati

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Dec. 19, 2016

Dec. 19, 2016

PACER
23

First MOTION for Extension of Time to File Response/Reply as to 22 MOTION to Dismiss Case Defendants' Motion to Dismiss the First Amended Complaint by Plaintiff Wafaa Alwan. (Hacking, James) (Entered: 12/26/2016)

Dec. 26, 2016

Dec. 26, 2016

PACER
24

Docket Text ORDER: GRANTING 23 First MOTION for Extension of Time to File Response to 22 MOTION to Dismiss Case Defendants' Motion to Dismiss the First Amended Complaint by Plaintiff Wafaa Alwan ; the Defendants will have up to and including January 10, 2017 to file their reply ( Response to Court due by 1/3/2017.). Signed by District Judge John A. Ross on 12/27/16. (KKS) (Entered: 12/27/2016)

Dec. 27, 2016

Dec. 27, 2016

PACER
25

RESPONSE to Motion re 22 MOTION to Dismiss Case Defendants' Motion to Dismiss the First Amended Complaint filed by Plaintiff Wafaa Alwan. (Hacking, James) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

PACER
26

REPLY to Response to Motion re 22 MOTION to Dismiss Case Defendants' Motion to Dismiss the First Amended Complaint filed by Defendants David Douglas, Matthew D. Emrich, Jeh Johnson, Chester S. Moyer, Daniel Renaud, Leon Rodriguez, U.S. Citizenship & Immigration Services. (Hollis, Christopher) (Entered: 01/10/2017)

Jan. 10, 2017

Jan. 10, 2017

PACER
27

NOTICE of Indictment of Plaintiff by Defendants David Douglas, Matthew D. Emrich, Jeh Johnson, Chester S. Moyer, Daniel Renaud, Leon Rodriguez, U.S. Citizenship & Immigration Services (Attachments: # 1 Exhibit A - Indictment )(Rund, Jane) (Entered: 06/01/2017)

1 Exhibit A - Indictment

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June 1, 2017

June 1, 2017

PACER
28

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants Motion to Dismiss the First Amended Complaint [ 22 ] is GRANTED. A separate judgment of dismissal will accompany this Memorandum and Order. Signed by District Judge John A. Ross on 8/24/17. (JAB) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

RECAP
29

JUDGMENT OF DISMISSAL: Pursuant to the Memorandum and order filed this day, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiffs complaint is DISMISSED without prejudice. Signed by District Judge John A. Ross on 8/24/17. (JAB) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 18, 2016

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

In the initial complaint, plaintiffs were thirteen lawful permanent residents (LPRs) from Albania, Pakistan, Iraq, Palestine, Egypt, Nigeria, Bosnia, whose naturalization applications USCIS delayed under its Controlled Application Review and Resolution Program (CAARP) policy. In the first amended complaint, plaintiffs were twenty LPRs from Albania, Pakistan, Iraq, Palestine, Egypt, Nigeria, Bosnia, India, Iran, Afghanistan, Yemen, Mali, and Sudan.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Citizenship and Immigration Services, Federal

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.

Declaratory Judgment Act, 28 U.S.C. § 2201

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General/Misc.:

Government services

Record-keeping

Records Disclosure

Terrorism/Post 9-11 issues

Timeliness of case assignment

Wait lists

Discrimination Basis:

National origin discrimination

Religion discrimination

Affected National Origin/Ethnicity(s):

Arab/Afgani/Middle Eastern

Indian

Other

Immigration/Border:

Constitutional rights

Status/Classification

U.S. citizenship - acquiring