Case: Tony N. v. USCIS

3:21-cv-08742 | U.S. District Court for the Northern District of California

Filed Date: Nov. 10, 2021

Closed Date: March 2, 2022

Clearinghouse coding complete

Case Summary

This was a putative class action brought by five asylum seekers who sought extensions to their work authorization, but whose extensions were not ruled on promptly; they therefore had either lost or were about to lose the right to work. On November 10, 2021, these five individuals filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiffs sued U.S. Citizenship & Immigration Services (“USCIS”), and the Department of Homeland Security (“DHS”) under the Ad…

This was a putative class action brought by five asylum seekers who sought extensions to their work authorization, but whose extensions were not ruled on promptly; they therefore had either lost or were about to lose the right to work. On November 10, 2021, these five individuals filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiffs sued U.S. Citizenship & Immigration Services (“USCIS”), and the Department of Homeland Security (“DHS”) under the Administrative Procedure Act. Plaintiffs claimed that the delayed adjudications put their working status at risk. 

Represented by American Immigration Council, Asylum Seeker Advocacy Project, and a private firm, the plaintiffs sought class action status and a declaration that the delayed adjudication of their applications to renew their employment authorization documents (“EADs”) was unreasonable. They also sought an injunction requiring prompt adjudication of all class members’ renewal applications and attorneys’ fees and costs. The case was assigned to Judge Maxine M. Chesney.

Simultaneously with their complaint, plaintiffs sought a preliminary injunction. But on December 22, 2021, the judge denied both that preliminary relief and class certification. The court held that the statutory 180-day timeframe plaintiffs pointed to was not mandatory but rather “precatory.” Even though the stakes were high–both employment authorization and also related health benefits–the court found that plaintiffs’ requested relief, moving them up in the USCIS queue, would inappropriately favor them over others with similar needs. Moreover, plaintiffs cited no evidence that the delay reflected improper government intent. 

In the same order, the court denied class certification, finding that the propriety of injunctive relief turned on the individual circumstances of each individual plaintiff, so that class treatment was not available. 2021 WL 6064004.

On March 2, 2022, the court dismissed this case without prejudice, holding that it had become moot because each individual plaintiff’s application for renewal had been approved by USCIS. 2022 WL 612666.  

The case is closed. 

Summary Authors

Michelle Landry (6/7/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60867052/parties/tony-n-v-us-citizenship-immigration-services/


Attorneys(s) for Plaintiff

Dellon, Leslie K (District of Columbia)

Lakin, Judah Ben (California)

Manfredi, Zachary (New York)

Melloy Goettel, Katherine E. (District of Columbia)

Winger, Emma (District of Columbia)

Attorneys(s) for Plaintiff

Dellon, Leslie K (District of Columbia)

Lakin, Judah Ben (California)

Manfredi, Zachary (New York)

Melloy Goettel, Katherine E. (District of Columbia)

Winger, Emma (District of Columbia)

Documents in the Clearinghouse

Document
8

3:21-cv-08742

Complaint for Declaratory and Injunctive Relief

Tony N. v. U.S. Citizenship & Immigration Services

Nov. 10, 2021

Nov. 10, 2021

Complaint
61

3:21-cv-08742

Order Denying Plaintiffs' Motions for Preliminary Injunction and for Class Certification

2021 WL 6064004

Dec. 22, 2021

Dec. 22, 2021

Order/Opinion
70

3:21-cv-08742

Order on Motion to Dismiss

2022 WL 612666

March 2, 2022

March 2, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60867052/tony-n-v-us-citizenship-immigration-services/

Last updated June 5, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

***DISRGERD, FILED IN ERROR BY FILER. RE-FILED AT DOCKET NO. 8 ***COMPLAINT For Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 402, receipt number ACANDC-16614909.). Filed byJack S., Karen N., Heghine Muradyan, Tony N., Dayana Vera De Aponte. (Attachments: # 1 Civil Cover Sheet)(Lakin, Judah) (Filed on 11/10/2021) Modified on 11/12/2021 (bns, COURT STAFF). (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
2

Proposed Summons. (Lakin, Judah) (Filed on 11/10/2021) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
3

Proposed Summons. (Lakin, Judah) (Filed on 11/10/2021) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
4

Proposed Summons. (Lakin, Judah) (Filed on 11/10/2021) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
5

Proposed Summons. (Lakin, Judah) (Filed on 11/10/2021) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
6

Proposed Summons. (Lakin, Judah) (Filed on 11/10/2021) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
7

Proposed Summons. (Lakin, Judah) (Filed on 11/10/2021) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
8

COMPLAINT CORRECTION OF DOCKET # 1 and [1-1] against All Defendants. Filed byJack S., Karen N., Heghine Muradyan, Tony N., Dayana Vera De Aponte. (Attachments: # 1 Civil Cover Sheet)(Lakin, Judah) (Filed on 11/10/2021) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

Clearinghouse
9

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16615645.) filed by Heghine Muradyan, Karen N., Tony N., Jack S., Dayana Vera De Aponte. (Winger, Emma) (Filed on 11/10/2021) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
10

NOTICE of Appearance by Judah Ben Lakin (Lakin, Judah) (Filed on 11/10/2021) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
11

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16616070.) filed by Heghine Muradyan, Karen N., Tony N., Jack S., Dayana Vera De Aponte. (Attachments: # 1 Exhibit Good Standing Certificate)(Dellon, Leslie) (Filed on 11/10/2021) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
12

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number BCANDC-16616338.) filed by Heghine Muradyan, Karen N., Tony N., Jack S., Dayana Vera De Aponte. (Attachments: # 1 Certificate of Good Standing)(Goettel, Katherine) (Filed on 11/10/2021) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
13

Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/24/2021. (anj, COURT STAFF) (Filed on 11/10/2021) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER

~Util - Case Assigned by Intake

Nov. 10, 2021

Nov. 10, 2021

PACER
14

NOTICE of Appearance by Zachary-John Manfredi (Manfredi, Zachary-John) (Filed on 11/11/2021) (Entered: 11/11/2021)

Nov. 11, 2021

Nov. 11, 2021

PACER
15

***DUPLICATE FILING OF DOCKET NO. 14 *** NOTICE of Appearance by Zachary-John Manfredi (Manfredi, Zachary-John) (Filed on 11/11/2021) Modified on 11/12/2021 (bns, COURT STAFF). (Entered: 11/11/2021)

Nov. 11, 2021

Nov. 11, 2021

PACER
16

First MOTION to Certify Class filed by Heghine Muradyan, Karen N., Tony N., Jack S., Dayana Vera De Aponte. Motion Hearing set for 12/16/2021 01:30 PM in Oakland, - Videoconference Only before Magistrate Judge Kandis A. Westmore. Responses due by 11/26/2021. Replies due by 12/3/2021. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(Manfredi, Zachary-John) (Filed on 11/11/2021) (Entered: 11/11/2021)

Nov. 11, 2021

Nov. 11, 2021

PACER
17

First MOTION for Preliminary Injunction filed by Heghine Muradyan, Karen N., Tony N., Jack S., Dayana Vera De Aponte. Motion Hearing set for 12/16/2021 01:30 PM in Oakland, - Videoconference Only before Magistrate Judge Kandis A. Westmore. Responses due by 11/26/2021. Replies due by 12/3/2021. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit)(Manfredi, Zachary-John) (Filed on 11/11/2021) (Entered: 11/11/2021)

Nov. 11, 2021

Nov. 11, 2021

PACER

Electronic filing error. NOTICE TO COUNSEL: Only ONE summons will be issued. Please list all defendants on ONE summons and re-file in its entirety. Re: 2 Proposed Summons filed by Dayana Vera De Aponte, Heghine Muradyan, Jack S., Karen N., Tony N., 4 Proposed Summons filed by Dayana Vera De Aponte, Heghine Muradyan, Jack S., Karen N., Tony N., 3 Proposed Summons filed by Dayana Vera De Aponte, Heghine Muradyan, Jack S., Karen N., Tony N., 6 Proposed Summons filed by Dayana Vera De Aponte, Heghine Muradyan, Jack S., Karen N., Tony N., 7 Proposed Summons filed by Dayana Vera De Aponte, Heghine Muradyan, Jack S., Karen N., Tony N., 5 Proposed Summons filed by Dayana Vera De Aponte, Heghine Muradyan, Jack S., Karen N., Tony N. (bns, COURT STAFF) (Filed on 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER
18

Immigration Mandamus Case Procedural Order. (bns, COURT STAFF) (Filed on 11/12/2021) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER
19

ORDER by Magistrate Judge Kandis A. Westmore Granting 9 Motion for Pro Hac Vice as to Winger, Emma. (ndr, COURT STAFF) (Filed on 11/12/2021) Modified on 11/12/2021 to correct Judge's name(ndr, COURT STAFF). (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

RECAP
20

ORDER by Magistrate Judge Kandis A. Westmore Granting 11 Motion for Pro Hac Vice as to Dellon, Leslie. (ndr, COURT STAFF) (Filed on 11/12/2021) Modified on 11/12/2021 to correct Judge's name (ndr, COURT STAFF). (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

RECAP
21

ORDER by Magistrate Judge Kandis A. Westmore Granting 12 Motion for Pro Hac Vice as to Goettel, Katherine. (ndr, COURT STAFF) (Filed on 11/12/2021) Modified on 11/12/2021 to correct Judge's name (ndr, COURT STAFF). (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

RECAP
22

Proposed Summons. (Winger, Emma) (Filed on 11/12/2021) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER
23

CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) Consent/Declination due by 11/19/2021. (ndr, COURT STAFF) (Filed on 11/12/2021) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER
24

MOTION for Leave to File Under Pseudonym filed by Karen M., Tony N., Jack S.. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Winger, Emma) (Filed on 11/12/2021) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER
25

Administrative Motion to File Under Seal filed by Karen M., Heghine Muradyan, Tony N., Jack S., Dayana Vera De Aponte. (Attachments: # 1 Proposed Order, # 2 Redacted Motion to Proceed Under Pseudonym, # 3 Unredacted Motion to Proceed Under Pseudonym, # 4 Unredacted Ex. A to Motion to Proceed Under Pseudonym, # 5 Unredacted Ex. B to Motion to Proceed Under Pseudonym, # 6 Unredacted Ex. C to Motion to Proceed Under Pseudonym, # 7 Redacted Decl. of Tony N., # 8 Unredacted Decl. of Tony N., # 9 Redacted Decl. of Karen M., # 10 Unredacted Decl. of Karen M., # 11 Redacted Decl. of Jack S., # 12 Unredacted Decl. of Jack S.)(Winger, Emma) (Filed on 11/12/2021) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER
26

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Karen M., Heghine Muradyan, Tony N., Jack S., Dayana Vera De Aponte.. (Winger, Emma) (Filed on 11/12/2021) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER
27

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ndr, COURT STAFF) (Filed on 11/12/2021) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER
28

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Maxine M. Chesney for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 11/12/2021. (Attachments: # 1 Notice of Eligibility for Video Recording)(anj, COURT STAFF) (Filed on 11/12/2021) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER

Electronic Filing Error

Nov. 12, 2021

Nov. 12, 2021

PACER

Clerk's Notice of Impending Reassignment - Text Only

Nov. 12, 2021

Nov. 12, 2021

PACER
29

Summons Issued as to Department of Homeland Security, Ur Jaddou, Alejandro Mayorkas, U.S. Citizenship & Immigration Services, U.S. Attorney and U.S. Attorney General (bns, COURT STAFF) (Filed on 11/15/2021) (Entered: 11/15/2021)

Nov. 15, 2021

Nov. 15, 2021

PACER
30

Proposed Order re 16 First MOTION to Certify Class by Karen M., Heghine Muradyan, Tony N., Jack S., Dayana Vera De Aponte. (Winger, Emma) (Filed on 11/15/2021) (Entered: 11/15/2021)

Nov. 15, 2021

Nov. 15, 2021

PACER
31

Proposed Order re 17 First MOTION for Preliminary Injunction by Karen M., Heghine Muradyan, Tony N., Jack S., Dayana Vera De Aponte. (Winger, Emma) (Filed on 11/15/2021) (Entered: 11/15/2021)

Nov. 15, 2021

Nov. 15, 2021

PACER
32

Proposed Order re 24 MOTION for Leave to File Under Pseudonym by Karen M., Heghine Muradyan, Tony N., Jack S., Dayana Vera De Aponte. (Winger, Emma) (Filed on 11/15/2021) (Entered: 11/15/2021)

Nov. 15, 2021

Nov. 15, 2021

PACER
33

Proposed Order re 25 Administrative Motion to File Under Seal by Karen M., Heghine Muradyan, Tony N., Jack S., Dayana Vera De Aponte. (Winger, Emma) (Filed on 11/15/2021) (Entered: 11/15/2021)

Nov. 15, 2021

Nov. 15, 2021

PACER
34

Renotice motion hearing re 16 First MOTION to Certify Class filed byKaren M., Heghine Muradyan, Tony N., Jack S., Dayana Vera De Aponte. (Related document(s) 16 ) (Winger, Emma) (Filed on 11/16/2021) (Entered: 11/16/2021)

Nov. 16, 2021

Nov. 16, 2021

PACER
35

Renotice motion hearing re 17 First MOTION for Preliminary Injunction filed byKaren M., Heghine Muradyan, Tony N., Jack S., Dayana Vera De Aponte. (Related document(s) 17 ) (Winger, Emma) (Filed on 11/16/2021) (Entered: 11/16/2021)

Nov. 16, 2021

Nov. 16, 2021

PACER

Electronic filing error. REMINDER TO COUSEL: In the future, the proposed order and supporting documents should be filed as an attachment to the motion, not filed separately. Re:[ 33] Proposed Order filed by Dayana Vera De Aponte, Heghine Muradyan, Jack S., Tony N., Karen M., 31 Proposed Order filed by Dayana Vera De Aponte, Heghine Muradyan, Jack S., Tony N., Karen M., 32 Proposed Order filed by Dayana Vera De Aponte, Heghine Muradyan, Jack S., Tony N., Karen M., 30 Proposed Order filed by Dayana Vera De Aponte, Heghine Muradyan, Jack S., Tony N., Karen M. (bns, COURT STAFF) (Filed on 11/16/2021)

Nov. 16, 2021

Nov. 16, 2021

PACER

Set/Reset Deadlines as to 17 First MOTION for Preliminary Injunction, 16 First MOTION to Certify Class . Motion Hearing reset to 12/17/2021 at 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. (tl, COURT STAFF) (Filed on 11/16/2021)

Nov. 16, 2021

Nov. 16, 2021

PACER

Electronic Filing Error

Nov. 16, 2021

Nov. 16, 2021

PACER

Set Motion and Deadlines/Hearings No NEF

Nov. 16, 2021

Nov. 16, 2021

PACER
36

NOTICE of Appearance by Kevin Hirst (Hirst, Kevin) (Filed on 11/19/2021) (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

PACER
37

NOTICE of Appearance by Sergio Francis Sarkany for Defendants (Sarkany, Sergio) (Filed on 11/19/2021) (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

PACER
38

ADMINISTRATIVE MOTION to Reset Hearing and Associated Deadlines filed by Department of Homeland Security, Ur Jaddou, Alejandro Mayorkas, U.S. Citizenship & Immigration Services. Responses due by 11/26/2021. (Attachments: # 1 Proposed Order, # 2 Declaration Declaration of Kevin Hirst)(Hirst, Kevin) (Filed on 11/21/2021) (Entered: 11/21/2021)

Nov. 21, 2021

Nov. 21, 2021

PACER
39

AFFIDAVIT of Service for Summons and Complaint served on Defendants, U.S. Attorney General, U.S. Attorney for the Northern District of California on November 15, 2021, filed by Karen M., Heghine Muradyan, Tony N., Jack S., Dayana Vera De Aponte. (Attachments: # 1 Exhibit)(Winger, Emma) (Filed on 11/22/2021) (Entered: 11/22/2021)

Nov. 22, 2021

Nov. 22, 2021

PACER
40

OPPOSITION/RESPONSE (re 38 ADMINISTRATIVE MOTION to Reset Hearing and Associated Deadlines ) filed byKaren M., Heghine Muradyan, Tony N., Jack S., Dayana Vera De Aponte. (Attachments: # 1 Proposed Order, # 2 Exhibit)(Winger, Emma) (Filed on 11/22/2021) (Entered: 11/22/2021)

Nov. 22, 2021

Nov. 22, 2021

PACER
41

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' ADMINISTRATIVE MOTION TO RESET HEARING AND ASSOCIATED DEADLINES. Defendants shall file their responses to plaintiffs' motions by December 6, 2021, at 1:00 p.m., Pacific Standard Time. Plaintiffs shall file their replies by December 10, 2021, at 1:00 p.m., Pacific Standard Time. The motions will be heard by Zoom on December 17, 2021, at 9:00 a.m. Signed by Judge Maxine M. Chesney on November 23, 2021. (mmclc1, COURT STAFF) (Filed on 11/23/2021) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER

Set/Reset Deadlines as to 17 First MOTION for Preliminary Injunction, 16 First MOTION to Certify Class . Opposition due by 1:00 PM on 12/6/2021. Reply due by 1:00 PM on 12/10/2021. Motion Hearing set for 12/17/2021 at 09:00 AM in San Francisco, - Videoconference Only before Judge Maxine M. Chesney. (tl, COURT STAFF) (Filed on 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
42

CLERK'S NOTICE SCHEDULING DECEMBER 17, 2021 MOTION HEARING(S) AS A ZOOM WEBINAR. As to 17 First MOTION for Preliminary Injunction, 16 First MOTION to Certify Class . Motion Hearing set for 12/17/2021 at 09:00 AM in San Francisco, - Videoconference Only before Judge Maxine M. Chesney. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/mmc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroa dcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoo m/. Motion Hearing set for 12/17/2021 at 09:00 AM in San Francisco, - Videoconference Only before Judge Maxine M. Chesney. (This is a text-only entry generated by the court. There is no document associated with this entry.),(tl, COURT STAFF) (Filed on 11/23/2021) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER

Set Motion and Deadlines/Hearings No NEF

Nov. 23, 2021

Nov. 23, 2021

PACER

~Util - Teleconference Zoom AND ~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice

Nov. 23, 2021

Nov. 23, 2021

PACER

~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom AND Clerk's Notice

Nov. 23, 2021

Nov. 23, 2021

PACER

~Util - Teleconference Zoom AND Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings

Nov. 23, 2021

Nov. 23, 2021

PACER
43

ORDER DIRECTING PLAINTIFFS TO RENOTICE FOR HEARING MOTION TO PROCEED UNDER PSEUDONYM AND ADMINISTRATIVE MOTION TO FILE UNDER SEAL. Signed by Judge Maxine M. Chesney on November 24, 2021. (mmclc1, COURT STAFF) (Filed on 11/24/2021) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

PACER
44

Renotice motion hearing re 24 MOTION for Leave to File Under Pseudonym filed byKaren M., Heghine Muradyan, Tony N., Jack S., Dayana Vera De Aponte. (Related document(s) 24 ) (Winger, Emma) (Filed on 11/24/2021) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

PACER
45

Renotice motion hearing re 25 Administrative Motion to File Under Seal filed byKaren M., Heghine Muradyan, Tony N., Jack S., Dayana Vera De Aponte. (Related document(s) 25 ) (Winger, Emma) (Filed on 11/24/2021) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

PACER
46

NOTICE of Appearance by Sergio Francis Sarkany Defendants (Sarkany, Sergio) (Filed on 12/3/2021) (Entered: 12/03/2021)

Dec. 3, 2021

Dec. 3, 2021

PACER

Set/Reset Deadlines as to 24 MOTION for Leave to File Under Pseudonym, 25 Administrative Motion to File Under Seal . Motion Hearing set for 12/17/2021 09:00 AM in San Francisco, - Videoconference Only before Judge Maxine M. Chesney. (tl, COURT STAFF) (Filed on 12/3/2021)

Dec. 3, 2021

Dec. 3, 2021

PACER
47

CLERK'S NOTICE CONVERTING DECEMBER 17, 2021 AT 9:00 AM MOTION(S) HEARING TO A ZOOM WEBINAR. As to 24 MOTION for Leave to File Under Pseudonym, 25 Administrative Motion to File Under Seal, 17 First MOTION for Preliminary Injunction, 16 First MOTION to Certify Class Motion Hearing set for 12/17/2021 at 09:00 AM in San Francisco, - Videoconference Only before Judge Maxine M. Chesney. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/mmc General Order 58. Persons grant ed access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 12/17/2021 at 09:00 AM in San Francisco, - Videoconference Only before Judge Maxine M. Chesn ey. (This is a text-only entry generated by the court. There is no document associated with this entry.),(tl, COURT STAFF) (Filed on 12/3/2021) (Entered: 12/03/2021)

Dec. 3, 2021

Dec. 3, 2021

PACER

Set Motion and Deadlines/Hearings No NEF

Dec. 3, 2021

Dec. 3, 2021

PACER

~Util - Teleconference Zoom AND ~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice

Dec. 3, 2021

Dec. 3, 2021

PACER

~Util - Teleconference Zoom AND Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings

Dec. 3, 2021

Dec. 3, 2021

PACER

~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom AND Clerk's Notice

Dec. 3, 2021

Dec. 3, 2021

PACER
48

OPPOSITION/RESPONSE (re 17 First MOTION for Preliminary Injunction ) filed byDepartment of Homeland Security, Ur Jaddou, Alejandro Mayorkas, U.S. Citizenship & Immigration Services. (Attachments: # 1 Declaration of Connie Nolan)(Hirst, Kevin) (Filed on 12/6/2021) Modified on 12/7/2021 (bns, COURT STAFF). (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

PACER
49

OPPOSITION/RESPONSE (re 16 First MOTION to Certify Class ) filed byDepartment of Homeland Security, Ur Jaddou, Alejandro Mayorkas, U.S. Citizenship & Immigration Services. (Attachments: # 1 Exhibit Declaration)(Sarkany, Sergio) (Filed on 12/6/2021) (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

PACER
50

Proposed Order re 48 Opposition/Response to Motion, by Department of Homeland Security, Ur Jaddou, Alejandro Mayorkas, U.S. Citizenship & Immigration Services. (Hirst, Kevin) (Filed on 12/7/2021) (Entered: 12/07/2021)

Dec. 7, 2021

Dec. 7, 2021

PACER
51

Proposed Order re 49 Opposition/Response to Motion, by Department of Homeland Security, Ur Jaddou, Alejandro Mayorkas, U.S. Citizenship & Immigration Services. (Hirst, Kevin) (Filed on 12/7/2021) (Entered: 12/07/2021)

Dec. 7, 2021

Dec. 7, 2021

PACER
52

REPLY (re 17 First MOTION for Preliminary Injunction ) filed byKaren M., Heghine Muradyan, Tony N., Jack S., Dayana Vera De Aponte. (Winger, Emma) (Filed on 12/10/2021) (Entered: 12/10/2021)

Dec. 10, 2021

Dec. 10, 2021

PACER
53

REPLY (re 16 First MOTION to Certify Class ) filed byKaren M., Heghine Muradyan, Tony N., Jack S., Dayana Vera De Aponte. (Goettel, Katherine) (Filed on 12/10/2021) (Entered: 12/10/2021)

Dec. 10, 2021

Dec. 10, 2021

PACER
54

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16715654.) filed by Karen M., Heghine Muradyan, Tony N., Jack S., Dayana Vera De Aponte. (Attachments: # 1 Exhibit Letter of Good Standing)(Borroto, Gianna) (Filed on 12/13/2021) (Entered: 12/13/2021)

Dec. 13, 2021

Dec. 13, 2021

PACER
55

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. The application of Gianna Borroto is granted. Signed by Judge Maxine M. Chesney on December 14, 2021. (mmclc1, COURT STAFF) (Filed on 12/14/2021) (Entered: 12/14/2021)

Dec. 14, 2021

Dec. 14, 2021

PACER
56

NOTICE of Appearance by Michael Celone on behalf of Defendants (Celone, Michael) (Filed on 12/17/2021) (Entered: 12/17/2021)

Dec. 17, 2021

Dec. 17, 2021

PACER
57

Minute Entry for proceedings held before Judge Maxine M. Chesney: Motion Hearing held by Zoom Webinar on 12/17/2021. Re 24 MOTION for Leave to File Under Pseudonym filed by Jack S., Tony N., Karen M., 17 First MOTION for Preliminary Injunction filed by Dayana Vera De Aponte, Heghine Muradyan, Jack S., Tony N., Karen M., 16 First MOTION to Certify Class filed by Dayana Vera De Aponte, Heghine Muradyan, Jack S., Tony N., Karen M., 25 Administrative Motion to File Under Seal filed by Dayana Vera De Aponte, Heghine Muradyan, Jack S., Tony N., Karen M. Total Time in Court: 1:51. Court Reporter: Marla Knox. Plaintiff Attorney: Emma Winger, Katherine Melloy, Zachary Manfredi. Defendant Attorney: Kevin Hirst, Sergio Sarkany. Attachment: Civil Minutes. (tl, COURT STAFF) (Date Filed: 12/17/2021) (Entered: 12/17/2021)

Dec. 17, 2021

Dec. 17, 2021

PACER
58

*** DISREGARD - THIS ORDER HAS BEEN CANCELLED PER REQUEST FROM THE ORDERING ATTORNEY. *** TRANSCRIPT ORDER before Judge Maxine M. Chesney by U.S. Citizenship & Immigration Services, for Court Reporter Marla Knox. (Sarkany, Sergio) (Filed on 12/21/2021) Modified on 1/3/2022 (rjd, COURT STAFF). (Entered: 12/21/2021)

Dec. 21, 2021

Dec. 21, 2021

PACER
59

NOTICE by Department of Homeland Security, Ur Jaddou, Alejandro Mayorkas, U.S. Citizenship & Immigration Services re 48 Opposition/Response to Motion, 49 Opposition/Response to Motion, (Attachments: # 1 Exhibit Exhibit A, Declaration of Connie Nolan)(Hirst, Kevin) (Filed on 12/22/2021) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

PACER
60

TRANSCRIPT ORDER for proceedings held on December 17, 2021 before Judge Maxine M. Chesney by Karen M., Heghine Muradyan, Tony N., Jack S., Dayana Vera De Aponte, for Court Reporter Marla Knox. (Winger, Emma) (Filed on 12/22/2021) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

PACER
61

ORDER DENYING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION AND FOR CLASS CERTIFICATION. Signed by Judge Maxine M. Chesney on December 22, 2021. (mmclc1, COURT STAFF) (Filed on 12/22/2021) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

Clearinghouse
62

ORDER GRANTING PLAINTIFFS' MOTION TO PROCEED UNDER PSEUDONYM. Signed by Judge Maxine M. Chesney on December 22, 2021. (mmclc1, COURT STAFF) (Filed on 12/22/2021) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

PACER
63

ORDER GRANTING PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL. Signed by Judge Maxine M. Chesney on December 22, 2021. (mmclc1, COURT STAFF) (Filed on 12/22/2021) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

PACER
64

NOTICE by Karen M., Heghine Muradyan, Tony N., Jack S., Dayana Vera De Aponte re: Change of Telephone Number (Winger, Emma) (Filed on 1/18/2022) (Entered: 01/18/2022)

Jan. 18, 2022

Jan. 18, 2022

PACER
64

NOTICE by Karen M., Heghine Muradyan, Tony N., Jack S., Dayana Vera De Aponte re: Change of Telephone Number (Winger, Emma) (Filed on 1/18/2022) (Entered: 01/18/2022)

Jan. 18, 2022

Jan. 18, 2022

PACER
65

MOTION to Dismiss filed by Department of Homeland Security, Ur Jaddou, Alejandro Mayorkas, U.S. Citizenship & Immigration Services. Motion Hearing set for 3/11/2022 09:00 AM in San Francisco, Courtroom 05, 17th Floor before Judge Maxine M. Chesney. Responses due by 2/4/2022. Replies due by 2/11/2022. (Attachments: # 1 Exhibit Karen M. Approval Notice, # 2 Exhibit Jack S. Approval Notice, # 3 Exhibit Vera de Aponte Approval Notice, # 4 Proposed Order)(Hirst, Kevin) (Filed on 1/21/2022) (Entered: 01/21/2022)

Jan. 21, 2022

Jan. 21, 2022

PACER
66

OPPOSITION/RESPONSE (re 65 MOTION to Dismiss ) filed by Karen M., Heghine Muradyan, Tony N., Jack S., Dayana Vera De Aponte. (Attachments: # 1 Proposed Order)(Winger, Emma) (Filed on 2/4/2022) Modified on 2/7/2022 (anj, COURT STAFF). (Entered: 02/04/2022)

Feb. 4, 2022

Feb. 4, 2022

PACER
67

REPLY (re 65 MOTION to Dismiss ) filed byDepartment of Homeland Security, Ur Jaddou, Alejandro Mayorkas, U.S. Citizenship & Immigration Services. (Hirst, Kevin) (Filed on 2/11/2022) (Entered: 02/11/2022)

Feb. 11, 2022

Feb. 11, 2022

PACER
68

CLERK'S NOTICE CONVERTING MOTION HEARING SCHEDULED FOR MARCH 11, 2022 AT 9:00 AM TO A ZOOM WEBINAR. As to 65 MOTION to Dismiss .,. Motion Hearing set for 3/11/2022 at 09:00 AM in San Francisco, - Videoconference Only before Judge Maxine M. Chesney. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https ://www.cand.uscourts.gov/mmc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 3/11/2022 at 0 9:00 AM in San Francisco, - Videoconference Only before Judge Maxine M. Chesney. (This is a text-only entry generated by the court. There is no document associated with this entry.),(tl, COURT STAFF) (Filed on 2/18/2022) (Entered: 02/18/2022)

Feb. 18, 2022

Feb. 18, 2022

PACER

~Util - Teleconference Zoom AND Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings

Feb. 18, 2022

Feb. 18, 2022

PACER

~Util - Teleconference Zoom AND ~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice

Feb. 18, 2022

Feb. 18, 2022

PACER

~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom AND Clerk's Notice

Feb. 18, 2022

Feb. 18, 2022

PACER
69

***FILED IN ERROR. PLEASE IGNORE.*** ORDER CONTINUING CASE MANAGEMENT CONFERENCE. The Case Management Conference currently scheduled for March 11, 2022, is continued to May 6, 2022, at 10:30 a.m. A Joint Case Management Conference Statement shall be filed no later than April 29, 2022. Signed by Judge Maxine M. Chesney on February 22, 2022. (mmclc1, COURT STAFF) (Filed on 2/22/2022) Modified on 2/22/2022 (tl, COURT STAFF). (Entered: 02/22/2022)

Feb. 22, 2022

Feb. 22, 2022

PACER
70

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS. Signed by Judge Maxine M. Chesney on March 2, 2022. (mmclc1, COURT STAFF) (Filed on 3/2/2022) (Entered: 03/02/2022)

March 2, 2022

March 2, 2022

Clearinghouse
71

CLERK'S JUDGMENT - Defendants motion to dismiss is hereby GRANTED, and the instant action is hereby DISMISSED without prejudice. See Newcomb v. United States, 98 F.2d 25, 27 (9th Cir. 1938) (holding, where cases become moot, district court must dismiss the [case] without prejudice). (tl, COURT STAFF) (Filed on 3/2/2022) (Entered: 03/02/2022)

March 2, 2022

March 2, 2022

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Nov. 10, 2021

Closing Date: March 2, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Five asylum seekers who lost or were about to lose their work authorization because of government delays, seeking to represent a class of similarly situated asylum seekers.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

American Immigration Council's Legal Action Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

U.S. Citizenship & Immigration Services (- United States (national) -), Federal

Department of Homeland Security (- United States (national) -), 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:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Work release or work assignments

Immigration/Border:

Work authorization - procedures