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Case: Nine Iraqi Allies Under Serious Threat Because of Their Faithful Service to the United States v. Kerry

1:15-cv-00300 | U.S. District Court for the District of Columbia

Filed Date: Feb. 27, 2015

Closed Date: Aug. 10, 2016

Clearinghouse coding complete

Case Summary

On February 27, 2015, following long delays in the processing of their Special Immigrant Visa (SIV) applications, nine Afghans and Iraqis under threat in their home countries for supporting U.S. operations filed this lawsuit in the United States District Court for the District of Columbia. The plaintiffs, represented by the International Refugee Assistance Program (IRAP), sued the U.S. Department of Homeland Security (DHS) and the U.S. Department of State (DOS). Congress passed the Refugee Cris…

On February 27, 2015, following long delays in the processing of their Special Immigrant Visa (SIV) applications, nine Afghans and Iraqis under threat in their home countries for supporting U.S. operations filed this lawsuit in the United States District Court for the District of Columbia. The plaintiffs, represented by the International Refugee Assistance Program (IRAP), sued the U.S. Department of Homeland Security (DHS) and the U.S. Department of State (DOS). Congress passed the Refugee Crisis in Iraq Act of 2007 (RCIA) and the Afghan Allies Protection Act of 2009 (AAPA), making Iraqis and Afghans under threat because of their service to the United States eligible for SIVs and directing such applications to be completed within nine months. Seeking injunctive and mandamus relief, plaintiffs alleged that defendants failed to make reasonable efforts to protect the plaintiffs and diligently process the plaintiffs' SIV applications, contrary to Congress's direction and in violation of the RCIA and AAPA. The case was assigned to Judge Gladys Kessler.

Plaintiffs, who were granted leave to proceed by pseudonym because of the risk of reprisal they faced, asserted that they were trapped in Iraq or Afghanistan while waiting for the U.S. government to process their applications. Delays in the processing of their applications ranged from one-and-a-half to over six years. Plaintiffs described multiple assassination attempts and a steady barrage of death threats, including from ISIS and the Taliban. Plaintiffs alleged that defendants' "failure to provide timely adjudication of their applications has exposed them and their families to serious, imminent threats to their life and well-being as a result of their service to the United States." 2015 WL 1245035.

On September 1, 2015, defendants filed a motion to dismiss for lack of jurisdiction and failure to state a claim. Defendants asserted that the plaintiffs lacked standing and failed to state a claim upon which relief could be granted because plaintiffs had received final refusals of their applications. Defendants further argued that they "enjoyed unlimited discretion over SIV processing and that the court could not enforce Congress’s instruction to process SIVs within nine months."

On January 28, 2016, following extensive briefing from the parties, Judge Kessler issued an order granting in part and denying in part defendants' motion to dismiss. First, Judge Kessler concluded that the plaintiffs had standing; "Plaintiffs have been injured by the failure to obtain final decisions on their SIV applications, that injury is caused by the Government's failure to act, and the injury would be redressed by an order from this Court." Next, Judge Kessler found that, in contrast to defendants' assertions, seven of the plaintiffs' applications were in process and had not received final refusal. Judge Kessler further concluded that “adjudication of Plaintiffs’ SIV applications within a reasonable time is non-discretionary” and that “judicially manageable standards exist to measure the Government’s performance of its duty.” Finally, Judge Kessler denied defendants' argument that plaintiffs failed to properly state a claim, finding that "Plaintiffs have properly stated their claims under the APA . . . and the Mandamus Act." 168 F. Supp. 3d. 268 (D.D.C. Jan. 28, 2016).

However, Judge Kessler granted defendants' motion to dismiss with regard claims that defendants failed to provide plaintiffs protection from imminent threats. Judge Kessler found that the RCIA and APAA provided significant discretion to defendants to carry out this protection and that there were no. standards to enforce the statutory command.

On March 21, 2016, the parties entered into a consent order, agreeing to suspend the suit for 90 days, during which the government was to process the plaintiffs' SIV applications. According to an IRAP press release, "all plaintiffs received a decision within 3 months pursuant to the agreement and thirteen of them and their families now live safely in the United States."

The case is now closed.

Summary Authors

Aaron Gurley (5/24/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4213470/parties/nine-iraqi-allies-under-serious-threat-because-of-their-faithful-service-to/


Judge(s)

Kessler, Gladys (District of Columbia)

Attorneys(s) for Plaintiff

Doyle, Bonnie (New York)

Heller, Rebecca (New York)

Lacovara, Michael (New York)

Ramos-Mrosovsky, Carlos (New York)

Stucko, Christoper (New York)

Warren, John K. (Virginia)

Attorneys(s) for Defendant

Fishman, Dillon (District of Columbia)

Kelly, Wynne Patrick (District of Columbia)

Judge(s)

Kessler, Gladys (District of Columbia)

Attorneys(s) for Plaintiff

Doyle, Bonnie (New York)

Heller, Rebecca (New York)

Lacovara, Michael (New York)

Ramos-Mrosovsky, Carlos (New York)

Stucko, Christoper (New York)

Warren, John K. (Virginia)

Attorneys(s) for Defendant

Fishman, Dillon (District of Columbia)

Kelly, Wynne Patrick (District of Columbia)

Documents in the Clearinghouse

Document

1:15-cv-00300

Docket [PACER]

Aug. 10, 2016

Aug. 10, 2016

Docket
52

1:15-cv-00300

Memorandum Opinion

Jan. 28, 2016

Jan. 28, 2016

Order/Opinion

Press Release: U.S. Government Agrees to Act on Cases of Iraqi and Afghan Allies Suing Over Failure to Act on Visa Applications

No Court

March 21, 2016

March 21, 2016

Press Release

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4213470/nine-iraqi-allies-under-serious-threat-because-of-their-faithful-service-to/

Last updated Nov. 29, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

MOTION to proceed by pseudonym by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(td, ) (Entered: 03/03/2015)

Feb. 27, 2015

Feb. 27, 2015

PACER
2

ORDER granting 1 Motion to proceed by pseudonym. Signed by Chief Judge Richard W. Roberts on 2/26/15. (td, ) (Entered: 03/03/2015)

Feb. 27, 2015

Feb. 27, 2015

RECAP
3

COMPLAINT against JEH JOHNSON, JOHN F. KERRY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE ( Filing fee $ 400, receipt number 4616068696) filed by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(td, ) (Entered: 03/03/2015)

Feb. 27, 2015

Feb. 27, 2015

PACER
4

SEALED DOCUMENT filed by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES. (This document is SEALED and only available to authorized persons.)(ztd, ) (Entered: 03/03/2015)

Feb. 27, 2015

Feb. 27, 2015

PACER

SUMMONS (6) Issued as to JEH JOHNSON, JOHN F. KERRY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (td, )

Feb. 27, 2015

Feb. 27, 2015

PACER
5

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael Lacovara, :Firm- Freshfields Bruckhaus Deringer US LLP, :Address- 601 Lexington Avenue, 31st Floor, NY, NY 10022. Phone No. - 212-277-4000. Filing fee $ 100, receipt number 0090-4012647. Fee Status: Fee Paid. by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES (Attachments: # 1 Declaration of Michael Lacovara, # 2 Text of Proposed Order)(Ramos-Mrosovsky, Carlos) (Entered: 03/04/2015)

March 4, 2015

March 4, 2015

PACER
6

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Bonnie Doyle, :Firm- Freshfields Bruckhaus Deringer US LLP, :Address- 601 Lexington Avenue, 31st Floor, New York, NY 10022. Phone No. - 212-277-4000. Filing fee $ 100, receipt number 0090-4012667. Fee Status: Fee Paid. by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES (Attachments: # 1 Declaration of Bonnie Doyle, # 2 Text of Proposed Order)(Ramos-Mrosovsky, Carlos) (Entered: 03/04/2015)

March 4, 2015

March 4, 2015

PACER
7

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christopher Stucko, :Firm- Freshfields Bruckhaus Derigner US LLP, :Address- 601 Lexington Avenue, 31st Floor, New York, NY 10022. Phone No. - 212-277-4000. Filing fee $ 100, receipt number 0090-4012686. Fee Status: Fee Paid. by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES (Attachments: # 1 Declaration Christopher Stucko, # 2 Text of Proposed Order)(Ramos-Mrosovsky, Carlos) (Entered: 03/04/2015)

March 4, 2015

March 4, 2015

PACER
8

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Rebecca Heller, :Firm- Iraqi Refugee Assistance Project, :Address- 40 Rector Street, 9th Floor, New York, NY 10006. Phone No. - 646-602-5621. Filing fee $ 100, receipt number 0090-4012699. Fee Status: Fee Paid. by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES (Attachments: # 1 Declaration of Rebecca Heller, # 2 Text of Proposed Order)(Ramos-Mrosovsky, Carlos) (Entered: 03/04/2015)

March 4, 2015

March 4, 2015

PACER

MINUTE ORDER granting 5 the Motion for Leave of Michael Lacovara to Appear Pro Hac Vice (as counsel for Plaintiffs). Signed by Judge Gladys Kessler on 3/915. (CL, )

March 9, 2015

March 9, 2015

PACER

MINUTE ORDER granting 8 the Motion for Leave of Rebecca Heller to Appear Pro Hac Vice (as counsel for Plaintiffs). Signed by Judge Gladys Kessler on 3/9/15. (CL, )

March 9, 2015

March 9, 2015

PACER

MINUTE ORDER granting 7 the Motion for Leave of Christopher Stucko to Appear Pro Hac Vice (as counsel for Plaintiffs). Signed by Judge Gladys Kessler on 3/9/15. (CL, )

March 9, 2015

March 9, 2015

PACER

MINUTE ORDER granting 6 the Motion for Leave of Bonnie Boyle to Appear Pro Hac Vice (as counsel for Plaintiffs). Signed by Judge Gladys Kessler on 3/9/15. (CL, )

March 9, 2015

March 9, 2015

PACER
9

MOTION to Unseal Case and to Proceed by Pseudonym by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Ramos-Mrosovsky, Carlos) (Entered: 03/13/2015)

March 13, 2015

March 13, 2015

PACER
10

ORDER granting 9 Plaintiffs' Motion to Proceed by Pseudonym and to Unseal Documents (see Order for details). Signed by Judge Gladys Kessler on 3/13/15. (CL, ) (Entered: 03/13/2015)

March 13, 2015

March 13, 2015

RECAP
11

CERTIFICATE OF SERVICE by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES re 9 MOTION to Unseal Case and to Proceed by Pseudonym (Revised Certificate of Service). (Ramos-Mrosovsky, Carlos) (Entered: 03/17/2015)

March 17, 2015

March 17, 2015

PACER
12

NOTICE to the Clerk Regarding ECF No. 4 by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES re 10 Order on Motion to Unseal Case (Ramos-Mrosovsky, Carlos) (Entered: 03/18/2015)

March 18, 2015

March 18, 2015

PACER
13

CERTIFICATE OF SERVICE by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES re 12 Notice (Other) . (Ramos-Mrosovsky, Carlos) (Entered: 03/20/2015)

March 20, 2015

March 20, 2015

PACER
14

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOHN F. KERRY served on 3/9/2015 (Ramos-Mrosovsky, Carlos) (Entered: 04/08/2015)

April 8, 2015

April 8, 2015

PACER
15

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/09/2015. (Ramos-Mrosovsky, Carlos) (Entered: 04/08/2015)

April 8, 2015

April 8, 2015

PACER
16

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 3/9/2015 (Ramos-Mrosovsky, Carlos) (Entered: 04/08/2015)

April 8, 2015

April 8, 2015

PACER
17

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JEH JOHNSON served on 3/9/2015 (Ramos-Mrosovsky, Carlos) (Entered: 04/08/2015)

April 8, 2015

April 8, 2015

PACER
18

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF STATE served on 3/9/2015 (Ramos-Mrosovsky, Carlos) (Entered: 04/08/2015)

April 8, 2015

April 8, 2015

PACER
19

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/9/2015. Answer due for ALL FEDERAL DEFENDANTS by 5/8/2015. (Ramos-Mrosovsky, Carlos) (Entered: 04/08/2015)

April 8, 2015

April 8, 2015

PACER
20

Consent MOTION for Extension of Time to File Answer re 3 Complaint, by JEH CHARLES JOHNSON, JOHN F. KERRY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Fishman, Dillon) (Entered: 05/01/2015)

May 1, 2015

May 1, 2015

PACER

MINUTE ORDER granting 20 Defendants' Consent Motion for Extension of Time; Defendants shall have up to and including June 8, 2015, in which to answer or otherwise respond to Plaintiffs' Complaint. Signed by Judge Gladys Kessler on 5/5/15. (CL, )

May 5, 2015

May 5, 2015

PACER

Set/Reset Deadlines: Answer due by 6/8/2015 (CL, ).

May 5, 2015

May 5, 2015

PACER
21

Consent MOTION for Extension of Time to File Answer re 3 Complaint, by JEH CHARLES JOHNSON, JOHN F. KERRY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Fishman, Dillon) (Entered: 06/04/2015)

June 4, 2015

June 4, 2015

PACER

Set/Reset Deadlines: Answer due by 6/29/2015 (CL).

June 5, 2015

June 5, 2015

PACER

MINUTE ORDER granting 21 Defendants' Second Consent Motion for Extension of Time; Defendants shall have up to and including June 29, 2015, in which to answer or otherwise respond to Plaintiffs' Complaint. Signed by Judge Gladys Kessler on 6/5/14. (CL)

June 5, 2015

June 5, 2015

PACER
22

STIPULATION re Protective Order by JEH CHARLES JOHNSON, JOHN F. KERRY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE (Fishman, Dillon) Modified event title on 6/17/2015 (znmw). (Entered: 06/16/2015)

June 16, 2015

June 16, 2015

PACER
23

STIPULATED PROTECTIVE ORDER. Signed by Judge Gladys Kessler on 6/17/15. (CL) (Entered: 06/18/2015)

June 18, 2015

June 18, 2015

PACER
24

NOTICE OF WITHDRAWAL OF APPEARANCE as to NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES. Attorney Bonnie Doyle terminated. (Doyle, Bonnie) (Entered: 06/25/2015)

June 25, 2015

June 25, 2015

PACER
25

MOTION to Dismiss complaint by JEH CHARLES JOHNSON, JOHN F. KERRY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Exhibit Dybdahl Declaration)(Fishman, Dillon) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
26

MOTION for Extension of Time to Amend Complaint by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES (Attachments: # 1 Text of Proposed Order)(Ramos-Mrosovsky, Carlos) (Entered: 07/06/2015)

July 6, 2015

July 6, 2015

PACER
27

ORDER granting 26 Plaintiffs' Motion for Extension of Time; Plaintiffs shall have up to and including July 31, 2015, in which to file an Amended Complaint. Signed by Judge Gladys Kessler on 7/6/15. (CL) (Entered: 07/06/2015)

July 6, 2015

July 6, 2015

PACER

Set/Reset Deadlines: Amended Complaint due by 7/31/2015. (CL)

July 6, 2015

July 6, 2015

PACER
28

NOTICE of Appearance by John K. Warren on behalf of NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES (Warren, John) (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

PACER
29

SEALED DOCUMENT filed by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES(This document is SEALED and only available to authorized persons.)(Ramos-Mrosovsky, Carlos) (Entered: 07/31/2015)

July 31, 2015

July 31, 2015

PACER
30

CERTIFICATE OF SERVICE by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES . (Ramos-Mrosovsky, Carlos) (Entered: 07/31/2015)

July 31, 2015

July 31, 2015

PACER
31

AMENDED COMPLAINT against all defendants filed by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES.(Ramos-Mrosovsky, Carlos) Modified on 8/3/2015 to correct party(s) (jf). Modified on 8/3/2015 (znmw). (Entered: 07/31/2015)

July 31, 2015

July 31, 2015

PACER
32

ORDER denying without prejudice 25 Defendant's Motion to Dismiss. Signed by Judge Gladys Kessler on 8/3/15. (CL) (Entered: 08/03/2015)

Aug. 3, 2015

Aug. 3, 2015

RECAP
33

MOTION to Continue deadline to respond to AMENDED COMPLAINT by JEH CHARLES JOHNSON, JOHN F. KERRY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Fishman, Dillon) (Entered: 08/05/2015)

Aug. 5, 2015

Aug. 5, 2015

PACER
34

RESPONSE re 33 MOTION to Continue deadline to respond to AMENDED COMPLAINT filed by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES. (Ramos-Mrosovsky, Carlos) (Entered: 08/07/2015)

Aug. 7, 2015

Aug. 7, 2015

PACER
35

ORDER denying 33 Defendants' Motion for Extension of Time to Answer the Amended Complaint; Defendants' Answer to Plaintiffs' Amended Complaint shall be filed no later than September 1, 2015. Signed by Judge Gladys Kessler on 8/11/15. (CL) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

PACER

Set/Reset Deadlines: Answer to Amended Complaint due by 9/1/2015 (CL).

Aug. 11, 2015

Aug. 11, 2015

PACER
36

MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by JEH CHARLES JOHNSON, JOHN F. KERRY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Exhibit Dybdahl Declaration)(Fishman, Dillon) (Entered: 09/01/2015)

Sept. 1, 2015

Sept. 1, 2015

PACER
37

MOTION for Hearing to request a status conference by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES (Attachments: # 1 Text of Proposed Order)(Ramos-Mrosovsky, Carlos) (Entered: 09/03/2015)

Sept. 3, 2015

Sept. 3, 2015

PACER
38

Memorandum in opposition to re 37 MOTION for Hearing to request a status conference filed by JEH CHARLES JOHNSON, JOHN F. KERRY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 09/04/2015)

Sept. 4, 2015

Sept. 4, 2015

PACER
39

REPLY to opposition to motion re 37 MOTION for Hearing to request a status conference filed by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES. (Attachments: # 1 Exhibit A)(Ramos-Mrosovsky, Carlos) (Entered: 09/04/2015)

Sept. 4, 2015

Sept. 4, 2015

PACER
40

ORDER that an Initial Scheduling Conference is set in this case for October 19, 2015, at 10:15 a.m.; the Parties' Joint Meet and Confer Statement shall be filed no later than October 15, 2015, by 4:00 p.m. (see Order for details). Signed by Judge Gladys Kessler on 9/8/15. (CL) (Entered: 09/08/2015)

Sept. 8, 2015

Sept. 8, 2015

PACER

Set/Reset Deadlines/Hearings: Meet & Confer Statement due 10/15/2015 by 4:00 p.m. Initial Scheduling Conference set for 10/19/2015 10:15 AM in Courtroom 26A before Judge Gladys Kessler. (CL)

Sept. 8, 2015

Sept. 8, 2015

PACER
41

Consent MOTION for Extension of Time to respond to Defendants' Motion to Dismiss Amended Complaint by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES (Attachments: # 1 Text of Proposed Order)(Ramos-Mrosovsky, Carlos) (Entered: 09/10/2015)

Sept. 10, 2015

Sept. 10, 2015

PACER
42

ORDER granting 41 Consent MOTION for Extension of Time to respond to Defendants' Motion to Dismiss Amended Complaint. Plaintiffs shall have up to and including September 25, 2015 to respond to the Motion to Dismiss the Amended Complaint. Signed by Judge Gladys Kessler on 09/11/2015. (lcgk1, ) (Entered: 09/11/2015)

Sept. 11, 2015

Sept. 11, 2015

PACER

Set/Reset Deadlines: Response to Dispositive Motion due by 9/25/2015. (tth)

Sept. 15, 2015

Sept. 15, 2015

PACER
43

Memorandum in opposition to re 36 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES. (Attachments: # 1 Declaration Stephen Poellot, # 2 Slip Sheet re Exhibits, # 3 Exhibit A, # 4 Exhibit L, # 5 Exhibit M, # 6 Exhibit N, # 7 Exhibit O, # 8 Exhibit P, # 9 Exhibit Q, # 10 Exhibit R, # 11 Exhibit S, # 12 Exhibit T, # 13 Exhibit U, # 14 Exhibit V, # 15 Exhibit W, # 16 Exhibit X, # 17 Exhibit Y, # 18 Exhibit Z, # 19 Exhibit AA, # 20 Exhibit BB, # 21 Exhibit CC)(Ramos-Mrosovsky, Carlos) (Entered: 09/25/2015)

Sept. 25, 2015

Sept. 25, 2015

PACER
44

SEALED DOCUMENT filed by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES re 43 Memorandum in Opposition,, (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8 Exhibit I, # 9 Exhibit J, # 10 Exhibit K)(Ramos-Mrosovsky, Carlos) (Entered: 09/25/2015)

Sept. 25, 2015

Sept. 25, 2015

PACER
45

REPLY to opposition to motion re 36 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by JEH CHARLES JOHNSON, JOHN F. KERRY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE. (Fishman, Dillon) (Entered: 10/02/2015)

Oct. 2, 2015

Oct. 2, 2015

PACER
46

MEET AND CONFER STATEMENT. (Attachments: # 1 Text of Proposed Order Plaintiffs Proposed Scheduling Order, # 2 Text of Proposed Order Defendants Proposed Scheduling Order)(Ramos-Mrosovsky, Carlos) (Entered: 10/15/2015)

Oct. 15, 2015

Oct. 15, 2015

PACER
47

CERTIFICATE OF SERVICE by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES re 44 Sealed Document, 43 Memorandum in Opposition,, . (Warren, John) (Entered: 10/15/2015)

Oct. 15, 2015

Oct. 15, 2015

PACER

Minute Entry for proceedings held before Judge Gladys Kessler: Initial Scheduling Conference held on 10/19/2015. (Court Reporter: Cathryn Jones) (tth)

Oct. 19, 2015

Oct. 19, 2015

PACER
48

MOTION for Leave to File A SUPPLEMENTAL DECLARATION IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO DISMISS by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES (Attachments: # 1 Declaration (SUPPLEMENTAL DECLARATION OF CARLOS RAMOS-MROSOVSKY IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO DISMISS THE AMENDED COMPLAINT), # 2 Exhibit A, # 3 Text of Proposed Order)(Ramos-Mrosovsky, Carlos) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER
49

RESPONSE re 48 MOTION for Leave to File A SUPPLEMENTAL DECLARATION IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO DISMISS filed by JEH CHARLES JOHNSON, JOHN F. KERRY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Exhibit Updated Dybdahl Declaration)(Fishman, Dillon) (Entered: 11/06/2015)

Nov. 6, 2015

Nov. 6, 2015

PACER
50

REPLY to opposition to motion re 48 MOTION for Leave to File A SUPPLEMENTAL DECLARATION IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO DISMISS filed by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES. (Ramos-Mrosovsky, Carlos) (Entered: 11/09/2015)

Nov. 9, 2015

Nov. 9, 2015

PACER
51

ORDER granting in part and denying in part 36 Motion to Dismiss for Lack of Jurisdiction; granting 48 Plaintiffs' Motion for Leave to File a Supplemental Declaration; an Initial Scheduling Conference is hereby set in this case for February 22, 2016, at 10:15 a.m.; the Parties' Joint Meet and Confer Statement shall be filed on February 18, 2016, by 4:00 p.m. (see Order for more details). Signed by Judge Gladys Kessler on 1/28/16. (CL) (Entered: 01/28/2016)

Jan. 28, 2016

Jan. 28, 2016

RECAP
52

MEMORANDUM OPINION to the Order granting in part and denying in part the Government's Motion to Dismiss and granting the Plaintiffs' Motion for Leave to File a Supplemental Declaration. Signed by Judge Gladys Kessler on 1/28/16. (CL) (Entered: 01/28/2016)

Jan. 28, 2016

Jan. 28, 2016

RECAP
53

SUPPLEMENTAL DECLARATION re 43 Memorandum in Opposition by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES. (Attachments: # 1 Exhibit A)(znmw) (Entered: 01/29/2016)

Jan. 28, 2016

Jan. 28, 2016

PACER

Set/Reset Deadlines/Hearings: Meet & Confer Statement due by 2/18/2016 by 4:00 p.m. Initial Scheduling Conference set for 2/22/2016 at 10:15 AM in Courtroom 26A before Judge Gladys Kessler. (CL)

Jan. 28, 2016

Jan. 28, 2016

PACER
54

Consent MOTION for Extension of Time to File Answer re 31 Amended Complaint, by JEH CHARLES JOHNSON, JOHN F. KERRY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 02/10/2016)

Feb. 10, 2016

Feb. 10, 2016

PACER

MINUTE ORDER granting 54 Defendants' Consent Motion for Extension of Time; Defendants shall have up to and including March 14, 2016, in which to answer or otherwise respond to Plaintiffs' Amended Complaint. Signed by Judge Gladys Kessler on 2/11/16. (CL)

Feb. 11, 2016

Feb. 11, 2016

PACER

Set/Reset Deadlines: Answer due by 3/14/2016 (CL)

Feb. 11, 2016

Feb. 11, 2016

PACER

Set/Reset Hearings: Initial Scheduling Conference set for 3/30/2016 at 10:00 AM in Courtroom 26A before Judge Gladys Kessler. (CL)

Feb. 16, 2016

Feb. 16, 2016

PACER

MINUTE ORDER: The Initial Scheduling Conference, now set for February 22, 2016, at 10:15 a.m., is hereby rescheduled to March 30, 2016, at 10:00 a.m. Signed by Judge Gladys Kessler on 2/16/16. (CL)

Feb. 16, 2016

Feb. 16, 2016

PACER
55

MEET AND CONFER STATEMENT. (Ramos-Mrosovsky, Carlos) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
56

MEET AND CONFER STATEMENT. (Ramos-Mrosovsky, Carlos) (Entered: 03/04/2016)

March 4, 2016

March 4, 2016

PACER
57

AMENDED MEMORANDUM OPINION to the January 28, 2016, Order granting in part and denying in part the Government's Motion to Dismiss and granting Plaintiffs' Motion for Leave to File a Supplemental Declaration (the original Memorandum Opinion included an incorrect and a correct page 35). Signed by Judge Gladys Kessler on 1/28/16. (CL) (Entered: 03/07/2016)

March 7, 2016

March 7, 2016

RECAP
58

Consent MOTION for Extension of Time to File Answer re 31 Amended Complaint, by JEH CHARLES JOHNSON, JOHN F. KERRY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Fishman, Dillon) (Entered: 03/11/2016)

March 11, 2016

March 11, 2016

PACER
59

MEET AND CONFER STATEMENT. (Ramos-Mrosovsky, Carlos) (Entered: 03/11/2016)

March 11, 2016

March 11, 2016

PACER
60

ORDER granting 58 Defendants' Consent Motion for Extension of Time; Defendants shall have up to and including March 21, 2016, in which to answer or otherwise respond to Plaintiffs' Amended Complaint. Signed by Judge Gladys Kessler on 3/14/16. (CL) (Entered: 03/14/2016)

March 14, 2016

March 14, 2016

PACER

Set/Reset Deadlines: Answer to Amended Complaint due by 3/21/2016 (CL).

March 14, 2016

March 14, 2016

PACER
61

NOTICE of Proposed Order (Consent Order) by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES (Ramos-Mrosovsky, Carlos) (Entered: 03/18/2016)

March 18, 2016

March 18, 2016

PACER
62

ORDER that this matter is stayed for ninety (90) days from the date of this Order; the Parties shall report jointly to the Court on the status of the processing of each Plaintiff's SIV application, as well as the SIV applications of Plaintiffs' spouses and children; these Joint Reports shall be filed every fourteen (14) days from the date of this Order; the Status Conference now set for March 30, 2016, is hereby rescheduled for May 19, 2016, at 10:00 a.m. (see Order for more details). Signed by Judge Gladys Kessler on 3/21/16. (CL) (Entered: 03/21/2016)

March 21, 2016

March 21, 2016

PACER

Set/Reset Hearings: Status Conference set for 5/19/2016 at 10:00 AM in Courtroom 26A before Judge Gladys Kessler. (CL)

March 21, 2016

March 21, 2016

PACER
63

STATUS REPORT (First Joint Report) by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES. (Lacovara, Michael) (Entered: 04/04/2016)

April 4, 2016

April 4, 2016

PACER
64

ORDER that the Parties shall file a further Joint Report no later than July 1, 2016 (see Order for details). Signed by Judge Gladys Kessler on 4/5/16. (CL) (Entered: 04/05/2016)

April 5, 2016

April 5, 2016

RECAP

Set/Reset Deadlines: Status Report due by 7/1/2016 (CL).

April 5, 2016

April 5, 2016

PACER
65

STATUS REPORT (Second Joint Report) by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES. (Ramos-Mrosovsky, Carlos) (Entered: 04/18/2016)

April 18, 2016

April 18, 2016

PACER
66

NOTICE: It is clear that both Parties are doing a good job monitoring the process so that final visas may be issued as soon as possible; however, there is a real need to speed up the process for Plaintiff Foxtrot, as the visas which have been issued to him and his family will expire in May. (CL) (Entered: 04/19/2016)

April 19, 2016

April 19, 2016

PACER
67

STATUS REPORT (Third Joint Report) by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES. (Ramos-Mrosovsky, Carlos) (Entered: 05/02/2016)

May 2, 2016

May 2, 2016

PACER

MINUTE ORDER: The Initial Scheduling Conference now set for May 19, 2016, at 10:00 a.m. is hereby cancelled. Signed by Judge Gladys Kessler on 5/11/16. (CL)

May 11, 2016

May 11, 2016

PACER
68

STATUS REPORT (Fourth Joint Report) by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES. (Ramos-Mrosovsky, Carlos) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

PACER
69

Joint STATUS REPORT (Fifth Joint Report and Consent Order) by NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES. (Ramos-Mrosovsky, Carlos) (Entered: 06/01/2016)

June 1, 2016

June 1, 2016

PACER
70

CONSENT ORDER: This matter shall be stayed for an additional ninety (90) days from the termination of the current stay in effect, i.e., until September 19, 2016 (see Order for details). Signed by Judge Gladys Kessler on 6/1/16. (CL) (Entered: 06/01/2016)

June 1, 2016

June 1, 2016

RECAP
71

NOTICE OF WITHDRAWAL OF APPEARANCE as to NINE IRAQI ALLIES UNDER SERIOUS THREAT BECAUSE OF THEIR FAITHFUL SERVICE TO THE UNITED STATES. Attorney Michael Lacovara terminated. (Lacovara, Michael) (Entered: 06/29/2016)

June 29, 2016

June 29, 2016

PACER
72

STIPULATION of Dismissal by JEH CHARLES JOHNSON, JOHN F. KERRY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE. (Fishman, Dillon) (Entered: 08/10/2016)

Aug. 10, 2016

Aug. 10, 2016

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 27, 2015

Closing Date: Aug. 10, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Iraqi and Afghan citizens who supported U.S. military operations in their home countries

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

International Refugee Assistance Project (IRAP)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security, Federal

U.S. Department of Statte, Federal

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

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

Mandamus, 28 U.S.C. § 1361

Availably Documents:

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

None

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2016 - 2016

Issues

Immigration/Border:

Visas - procedures