Case: Subramanya v. United States Citizenship and Immigration Services

2:20-cv-03707 | U.S. District Court for the Southern District of Ohio

Filed Date: July 22, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about how quickly United States Citizenship and Immigration Services must process, print, and mail Employment Authorization Documents (EADs or Form I-766) for immigrants who have received approval for their Applications for Employment Authorization (Form I-765). On July 22, 2020, an immigrant who had received employment approval but had not received her EAD filed this class action suit in the Southern District Court of Ohio Eastern Division. She sued the agency and its Acting Dir…

This is a case about how quickly United States Citizenship and Immigration Services must process, print, and mail Employment Authorization Documents (EADs or Form I-766) for immigrants who have received approval for their Applications for Employment Authorization (Form I-765). On July 22, 2020, an immigrant who had received employment approval but had not received her EAD filed this class action suit in the Southern District Court of Ohio Eastern Division. She sued the agency and its Acting Director and Chief of the Office of Intake and Document Production under 5 U.S.C. § 706(1), 5 U.S.C. § 706(2) and 28 U.S.C. § 1361. Represented by private counsel, the plaintiff sought a temporary restraining order, preliminary and permanent injunctive relief, declaratory relief, and a writ of mandamus for damage sustained by the plaintiff and putative class members resulting from the agency’s intentional slowing and stopping of printing EADs and for the violation of plaintiffs’ 5th Amendment right to Due Process. The plaintiff had been unable to work due to the agency’s delay in printing her EAD and her employer was threatening to fire her if she did not return to work before August.

On July 28, 2020, the defendants filed for a Motion to Dismiss for lack of jurisdiction. On August 3, 2020, Chief Judge Algenon L. Marbley denied defendants’ motion and granted the plaintiff’s Motion for a Temporary Restraining Order that would require defendants to issue EADs to putative class members immediately or within seven days of the court’s order. Counsel for plaintiffs and defendants began mediation talks in early August. Settlement talks continued until August 21, 2020, when Chief Judge Marbley signed the parties’ consent order.

As part of the consent order, the remaining plaintiffs filed an order of voluntary dismissal. In the consent order, the defendants denied all of plaintiffs’ allegations and stated that the consent order was not and should not be taken as or construed to be an admission of responsibility. Plaintiffs also withdrew their motion for class status in the consent order. In terms of interim relief, the defendants agreed to post a notice on the agency’s website explaining how an alternative form (Form I-797) could be used in place of an EAD while a person awaits the printing of that document (this policy expires October 15, 2020).

The defendants also agreed to create a putative class list which will include all plaintiffs and putative class members. The list is divided into two categories: sub-class one and sub-class two. Subclass one members were defined as immigrants whose EADs are already queued for printing at the time of list creation. For these individuals, the defendants agreed to mail EADs within a week of the execution of the consent decree. Subclass two members were defined as immigrants who EADs have not been queued as of the day the list was created. For these members of subclass two, the defendants agreed to mail EADS within seven days of USCIS collecting biometric data for the individual.

The class list list tracks the receipt number for the submitted I-676 form, the date the I-765 was approved, and the date the EAD was produced. In a status report filed on September 9, the agency reported that 45,565 putative class members had yet to receive their EADs. In the second report filed on September 30, USCIS reported that they had sent EADs to all of the sub-class one members and 15,177 of the 17,736 total sub-class two members. In addition to the list creation, the defendants also agreed to pay $90,000 in attorneys fees.

As of October 15, 2020, the case remains ongoing.

Summary Authors

Gabrielle Simeck (10/10/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17373598/parties/subramanya-v-united-states-citizenship-and-immigration-services/


Judge(s)

Deavers, Elizabeth Preston (Ohio)

Attorney for Plaintiff

Cohen, Robert G. (Ohio)

Crawford, Ana P (Ohio)

Fraser, Kirsten (Ohio)

Attorney for Defendant

Devillers, David (Ohio)

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Documents in the Clearinghouse

Document

2:20-cv-03707

Docket [PACER]

Oct. 9, 2020

Oct. 9, 2020

Docket
1

2:20-cv-03707

Verified Complaint for Temporary Restraining Order, Preliminary and Permanent Injunctive Relief, Declaratory Relief and Writ of Mandamus

July 22, 2020

July 22, 2020

Complaint
53

2:20-cv-03707

Joint Status Report Regarding Parties' Proposed Consent Order, Pursuant to Notation Order

Aug. 18, 2020

Aug. 18, 2020

Other
55

2:20-cv-03707

Consent Order

Aug. 21, 2020

Aug. 21, 2020

Order/Opinion
57

2:20-cv-03707

Defendants' Report Pursuant to Consent Order (ECF No. 55), September 9, 2020

Sept. 9, 2020

Sept. 9, 2020

Pleading / Motion / Brief
58

2:20-cv-03707

Defendants’ Report Pursuant to Consent Order (ECF No. 55), September 30, 2020

Sept. 30, 2020

Sept. 30, 2020

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17373598/subramanya-v-united-states-citizenship-and-immigration-services/

Last updated Feb. 21, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Ranjitha Subramanya ( Filing fee $ 400 paid - receipt number: 0648-7568329), filed by Ranjitha Subramanya. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Cohen, Robert) (Entered: 07/22/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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July 22, 2020

July 22, 2020

RECAP
2

MOTION for Temporary Restraining Order by Plaintiff Ranjitha Subramanya. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Cohen, Robert) (Entered: 07/22/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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July 22, 2020

July 22, 2020

RECAP
3

DECLARATION of Ranijitha Subramanya re Motion for Temporary Restraining Order by Plaintiff Ranjitha Subramanya. (Cohen, Robert) Modified text and termed Motion on 7/23/2020 (jlk). (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
4

DECLARATION of Catherine Kang in Support of 2 MOTION for Temporary Restraining Order by Plaintiff Ranjitha Subramanya. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Cohen, Robert) Modified text and termed Motion on 7/23/2020 (jlk). (Entered: 07/22/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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July 22, 2020

July 22, 2020

PACER
5

DECLARATION of Andrea La Manna in Support of 2 MOTION for Temporary Restraining Order by Plaintiff Ranjitha Subramanya. (Cohen, Robert) Modified text and termed motion on 7/23/2020 (jlk). (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
6

REQUEST for Issuance of Summons. (Cohen, Robert) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
7

REQUEST for Issuance of Summons. (Cohen, Robert) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
8

REQUEST for Issuance of Summons. (Cohen, Robert) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
9

NOTICE of Appearance by Caroline Gentry for Plaintiff Ranjitha Subramanya (Gentry, Caroline) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
10

ORDER Setting 65.1 Virtual Conference on Motion 2 MOTION for Temporary Restraining Order : Motion Hearing set for 7/29/2020 03:00 PM Virtually before Chief Judge Algenon L. Marbley. Signed by Chief Judge Algenon L. Marbley on 07/23/2020. (cw) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

RECAP
11

NOTICE of Appearance by Christopher R Yates for Defendants Ken Cuccinelli, Ernest Destefano, United States Citizenship and Immigration Services (Yates, Christopher) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

RECAP
12

Summons Issued as to United States Citizenship and Immigration Services. (jlk) (Main Document 12 replaced on 7/24/2020) (jlk). (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
13

Summons Issued as to Ken Cuccinelli. (jlk) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
14

Summons Issued as to Ernest Destefano. (jlk) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
15

NOTICE by Plaintiff Ranjitha Subramanya /Civil Cover Sheet (Gentry, Caroline) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

RECAP
16

NOTICE of Appearance by Kirsten R. Fraser for Plaintiff Ranjitha Subramanya (Fraser, Kirsten) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER
17

Amended Complaint

July 27, 2020

July 27, 2020

PACER
18

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Wajdi M. Ammarah (Gentry, Caroline) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

RECAP
19

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Yoan Martinez Ayala (Gentry, Caroline) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
20

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Sirelene Moura Da Costa; Norberto Bernardes Da Fonseca; and Samuel Moura Fonseca (Gentry, Caroline) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
21

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Nicolas Joseph Bell Fabregat (Gentry, Caroline) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
22

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Abraham Blay Gayetaye (Gentry, Caroline) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
23

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Mohsen Haghighatpour (Gentry, Caroline) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
24

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Syeda Fareeza Karimushan (Gentry, Caroline) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
25

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Meng Huan Lee (Gentry, Caroline) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
26

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Ching-Min Lin (Gentry, Caroline) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
27

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Carlos Francisco Rodriguez Martinez (Gentry, Caroline) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
28

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Richard Patrick McNulty (Gentry, Caroline) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
29

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Swetha Muralidhara (Gentry, Caroline) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
30

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Tania Patricia Carcamo Oseguera (Gentry, Caroline) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
31

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Michael Propper, Director, Chess NYC (Gentry, Caroline) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
32

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Lucrecia Rosa Ramos (Gentry, Caroline) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
33

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Kebin Antonio Palma Sanchez (Gentry, Caroline) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
34

Amended MOTION for Temporary Restraining Order and Mandatory Injunction by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya. (Gentry, Caroline) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
35

MOTION to Dismiss for Lack of Jurisdiction PLAINTIFFS AMENDED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF, DECLARATORY RELIEF AND WRIT OF MANDAMUS, AND OBJECTION TO CERTIFICATION AS A CLASS ACTION (ECF NOS. 1, 2, 5, 17, and 34) by Defendants Ken Cuccinelli, Ernest Destefano, United States Citizenship and Immigration Services. (Attachments: # 1 Affidavit Goodwin, USCIS/DHS Decl., # 2 Affidavit Troy, NBC/USCIS/DHS Decl.) (Yates, Christopher) (Entered: 07/28/2020)

1 Affidavit Goodwin, USCIS/DHS Decl.

View on RECAP

2 Affidavit Troy, NBC/USCIS/DHS Decl.

View on RECAP

July 28, 2020

July 28, 2020

PACER
36

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Rene Kejang Ngenkeng (Gentry, Caroline) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
37

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya, Rene Kejang Ngenkeng /Notice of Adding Rene Kejang Ngenkeng as a Plaintiff and Class Representative (Gentry, Caroline) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
38

Emergency MOTION to Certify Class by Plaintiffs Rene Kejang Ngenkeng, Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya. (Gentry, Caroline) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

RECAP
39

NOTICE of Hearing:Preliminary Pretrial Conference set for 9/1/2020 11:00 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

RECAP
40

NOTICE by Plaintiffs Rene Kejang Ngenkeng, Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /NOTICE OF FILING REDACTED FIRST AMENDED CLASS ACTION COMPLAINT (Attachments: # 1 Exhibit FIRST AMENDED CLASS ACTION COMPLAINT - REDACTED) (Gentry, Caroline) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
41

REDACTED Version of 17 Amended Complaint. (sln) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
42

ORDER Setting Virtual Hearing on Motion 34 Mandatory Injunction : Motion Hearing set for 8/10/2020 09:30 AM in Virtual Courtroom 331 - Columbus before Chief Judge Algenon L. Marbley United States: +1 (646) 749-3112; Access Code: 347-407-869; and DENYING 35 Defendants Motion to Dismiss. GRANTING 2 34 Motion for Temporary Restraining Order. Signed by Chief Judge Algenon L. Marbley on 8/3/2020. (cw) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

RECAP
43

NOTICE of Appearance by Ana P. Crawford for Plaintiffs Rene Kejang Ngenkeng, Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya (Crawford, Ana) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
44

Transcript of Motion for Temporary Restraining Order Proceedings held on July 29, 2020, before Judge Algenon L. Marbley. Court Reporter/Transcriber Shawna J. Evans, Telephone number 614-719-3316. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. <P>NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. <P> For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 8/25/2020. Redacted Transcript Deadline set for 9/4/2020. Release of Transcript Restriction set for 11/2/2020. (Evans, Shawna) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
45

Joint MOTION to Continue Preliminary Injunction Hearing and Associated Deadlines by Plaintiffs Rene Kejang Ngenkeng, Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya. (Gentry, Caroline) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
46

SCHEDULING ORDER AND ORDER granting 45 Motion to Continue; Preliminary Injunction Hearing reset for 8/24/2020 at 9:30 a.m. Signed by Chief Judge Algenon L. Marbley on 8/6/2020. (cw) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

RECAP
47

CONSENT to Mediation by Defendant United States Citizenship and Immigration Services (Yates, Christopher) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

RECAP
48

NOTICE of Hearing: Settlement Conference set for 8/12/2020 11:00 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

RECAP

Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Status Conference held on 8/11/2020. (sln)

Aug. 11, 2020

Aug. 11, 2020

PACER

Status Conference

Aug. 11, 2020

Aug. 11, 2020

PACER
49

Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Settlement Conference held on 8/12/2020. Negotiations not at impasse. Parties continue to confer. (sln) (Entered: 08/14/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
50

Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Continued mediation held on 8/13/2020. Parties continuing to mediate. (sln) (Entered: 08/17/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
51

NOTATION ORDER : Joint Status Report regarding status, but not substance of settlement negotiations due by 8/18/2020. By Magistrate Judge Elizabeth Preston Deavers on 8/13/2020. (sln) (Entered: 08/17/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER

Settlement Conference

Aug. 14, 2020

Aug. 14, 2020

PACER

Settlement Conference

Aug. 17, 2020

Aug. 17, 2020

PACER

Order

Aug. 17, 2020

Aug. 17, 2020

PACER
52

NOTICE of Voluntary Dismissal by Plaintiff Carlos Francisco Rodriguez Martinez (Gentry, Caroline) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
53

STATUS REPORT Joint Status Report RE: Parties' Proposed Consent Order, Pursuant to Notation Order ECF No. 51, to file Notice of/Proposed Consent Order 8-20-2020 by Defendant United States Citizenship and Immigration Services. (Yates, Christopher) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

RECAP
54

NOTICE by Defendant United States Citizenship and Immigration Services re 53 Status Report, Joint Notice of Filing Proposed Consent Order (Attachments: # 1 Text of Proposed Order [Proposed] Consent Order) (Yates, Christopher) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
55

CONSENT ORDER. Signed by Chief Judge Algenon L. Marbley on 8/21/2020. (cw) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

RECAP
56

STATUS REPORT Defendants' Report Pursuant to Consent Order (ECF No. 55), 08/21/2020 by Defendant United States Citizenship and Immigration Services. (Yates, Christopher) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER

NOTICE : The PPTC set for 9/1/2020 at 11:00 AM is VACATED. (sln)

Aug. 24, 2020

Aug. 24, 2020

PACER

Notice (Other)

Aug. 24, 2020

Aug. 24, 2020

PACER
57

STATUS REPORT Defendants' Report Pursuant to Consent Order (ECF No. 55), 09/09/2020 by Defendant United States Citizenship and Immigration Services. (Yates, Christopher) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

RECAP
58

STATUS REPORT Defendants' Report Pursuant to Consent Order (ECF No. 55), 09/30/2020, with next report due 10/09/2020 Pursuant to Consent Order (ECF No. 55) by Defendant United States Citizenship and Immigration Services. (Yates, Christopher) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

RECAP
59

STATUS REPORT Defendants' Report Pursuant to Consent Order (ECF No. 55), 10/09/2020, with next report due 10/16/2020 Pursuant to Consent Order (ECF No. 55) by Defendant United States Citizenship and Immigration Services. (Yates, Christopher) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
60

Status Report

Oct. 16, 2020

Oct. 16, 2020

PACER
61

Status Report

Oct. 23, 2020

Oct. 23, 2020

PACER
62

Status Report

Oct. 30, 2020

Oct. 30, 2020

PACER
63

Status Report

Nov. 6, 2020

Nov. 6, 2020

PACER
64

Status Report

Nov. 13, 2020

Nov. 13, 2020

PACER
65

Status Report

Nov. 20, 2020

Nov. 20, 2020

PACER
66

Amend/Correct

Nov. 23, 2020

Nov. 23, 2020

PACER
67

Order on Motion to Amend/Correct

Nov. 25, 2020

Nov. 25, 2020

PACER
68

Status Report

Dec. 4, 2020

Dec. 4, 2020

PACER
69

Status Report

Dec. 18, 2020

Dec. 18, 2020

PACER
70

Status Report

Dec. 30, 2020

Dec. 30, 2020

PACER
71

Status Report

Jan. 15, 2021

Jan. 15, 2021

PACER
72

Stipulation of Dismissal

Jan. 29, 2021

Jan. 29, 2021

PACER
73

Order Dismissing Case

March 17, 2021

March 17, 2021

PACER
74

Judgment - Clerk

March 17, 2021

March 17, 2021

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: July 22, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All immigrants whose Applications for Employment Authorization were approved by USCIS but who have not received Employment Authorization Documents (EADs) from the agency. The putative class includes approximately 75,000 members.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

United States Citizenship and Immigration Services (Washington), Federal

Acting Director of USCIS (Washington, D.C.), Federal

Chief of the Office of Intake and Document Production (Washington ), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Due Process: Substantive Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $90,000

Content of Injunction:

Preliminary relief granted

Reporting

Recordkeeping

Issues

General:

Government services

COVID-19:

Mitigation Granted

Mitigation Requested

Immigration/Border:

Work authorization - procedures