Case: Mansor v. United States Citizenship and Immigration Services

2:23-cv-00347 | U.S. District Court for the Western District of Washington

Filed Date: March 9, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is about lawful U.S. immigrants in a Temporary Protected Status receiving their interim employment authorization from the United States Citizenship and Immigration Services. On March 9, 2023, three plaintiffs filed a class action complaint in United States District Court for the Western District of Washington. The plaintiffs brought their claims against United States Citizenship and Immigration Services (USCIS), and the Director and Deputy Director for the Department of Homeland Secur…

This case is about lawful U.S. immigrants in a Temporary Protected Status receiving their interim employment authorization from the United States Citizenship and Immigration Services.

On March 9, 2023, three plaintiffs filed a class action complaint in United States District Court for the Western District of Washington. The plaintiffs brought their claims against United States Citizenship and Immigration Services (USCIS), and the Director and Deputy Director for the Department of Homeland Security (DHS) in their official capacity seeking certification of their class, declaratory and injunctive relief, and attorney’s fees under the Fifth Amendment (Due Process), the Immigration and Nationality Act (INA), 8 U.S.C. § 1101, and the Administrative Procedure Act (ACA), 5 U.S.C. § 706. The plaintiffs ask the court to declare that USCIS violated their statutory, regulatory, and constitutional rights by denying employment authorization documents; set aside their policy and practice failing to provide employment authorization; compel the defendants to provide employment authorization; and enjoin the defendants from applying their policy and practice regarding employment authorization to the named plaintiffs. The plaintiffs were represented by the National Immigration Litigation Alliance. The case was assigned to Judge James Robart.

The complaint arose from the Temporary Protected Status (TPS) that Congress created as part of the INA of 1990. The INA permitted the DHS Secretary to designate a country for TPS if there was an ongoing conflict in the country, and where returning to the country would pose a threat to the individual; if there was an environmental disaster in the country and it could handle the return of its nationals; or there were extraordinary and temporary conditions in the country that prevented noncitizens from safely returning. After a country was designated for TPS, most nationals of that country who were present in the United States became eligible for TPS provided that, among other things, they were continuously present in the United States when the country was designated. Among the benefits of TPS eligibility was work authorization in the United States. Under the statutory provisions, USCIS was required to issue interim “temporary treatment” benefits, including work authorization, while the full approval process was ongoing. The plaintiffs alleged that the defendants did not grant the interim benefits in the form of employment authorization, as required by statute, but instead only granted work authorization upon final approval of TPS application.

On August 2, 2023, the court issued an order on the defendants’ motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim; the court granted in part and denied in part. The defendants argued that the plaintiffs lacked standing due to mootness or due to an existing authorization, and that the claims were time barred. The defendants also contended that the plaintiffs failed to state a claim under the Due Process Clause; that their APA claims were facial, policy-based challenges; and that their declaratory judgment claims were duplicative of their APA claims. The court ultimately granted the defendants’ motion in part for one plaintiff whose TPS claim was approved and who had employment authorization. The court denied all other portions of the defendants’ motion.

On August 25, 2023, the court issued an order on the plaintiffs’ motion for class certification. The court granted certification to the class (estimated as up to 100,000 individuals by the plaintiffs) and defined it as individuals who have submitted or will submit an initial application establishing prima facie eligibility for TPS who have not received a final decision on their application, and who have not been issued employment authorization documentation incident to their pending application.

On November 12, 2024, both parties filed cross motions for summary judgment. However, before the court heard arguments, the defendants filed a Notice of Administrative Action stating that they needed to pause their review on the sufficiency of their system in light of President Trump's Executive Orders (Exec. Order No. 14,161 and 14,159) concerning immigration. On February 18, 2025, the court directed that the cross motions for summary judgment be renoted for March 14, 2025, and ordered the defendant to file a status report regarding its review by the same date.

On March 14, 2025, the defendants filed a status report as requested. Their status report indicated that they were still reviewing their procedures in line with the Executive Orders and expect to be complete within the next 30 days. On March 17, 2025, the court ordered another status report by April 14, 2025 before it could move forward with the parties’ cross motions for summary judgment.

This case is ongoing.

Summary Authors

Tucker Gribble (3/19/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66978738/parties/mansor-v-united-states-citizenship-and-immigration-services/


Judge(s)

Robart, James L. (Washington)

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Documents in the Clearinghouse

Document
51

2:23-cv-00347

Order

Aug. 2, 2023

Aug. 2, 2023

Order/Opinion

685 F.Supp.3d 1000

104

2:23-cv-00347

Order

March 17, 2025

March 17, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66978738/mansor-v-united-states-citizenship-and-immigration-services/

Last updated Feb. 17, 2026, 1:24 a.m.

ECF Number Description Date Link Date / Link
25

ORDER re 20 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Mary Kenney for Plaintiffs Eclesiaste Coissy, Fayez Mansor, Cabdi Ibrahim Xareed, and Shukria Zafari by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC) (Entered: 03/13/2023)

March 13, 2023

March 13, 2023

26

ORDER re 21 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Trina Realmuto for Plaintiffs Eclesiaste Coissy, Fayez Mansor, Cabdi Ibrahim Xareed, and Shukria Zafari by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC) (Entered: 03/13/2023)

March 13, 2023

March 13, 2023

27

ORDER re 22 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Kristin Macleod-Ball for Plaintiffs Eclesiaste Coissy, Fayez Mansor, Cabdi Ibrahim Xareed, and Shukria Zafari by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC) (Entered: 03/13/2023)

March 13, 2023

March 13, 2023

28

ORDER re 23 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Ira J Kurzban for Plaintiffs Eclesiaste Coissy, Fayez Mansor, Cabdi Ibrahim Xareed, and Shukria Zafari by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC) (Entered: 03/13/2023)

March 13, 2023

March 13, 2023

29

ORDER re 24 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Edward F Ramos for Plaintiffs Eclesiaste Coissy, Fayez Mansor, Cabdi Ibrahim Xareed, and Shukria Zafari by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC) (Entered: 03/13/2023)

March 13, 2023

March 13, 2023

Judge James L. Robart added. (RE)

March 13, 2023

March 13, 2023

35

ORDER re Parties' 34 Stipulation. Defendants' response to Plaintiffs' 2 Motion for Class Certification is now due by 4/17/2023; Plaintiffs' reply is due by 4/28/2023; and the motion is re-noted for 4/28/2023. Defendants' response to Plaintiffs' 3 Motion for Preliminary Injunction is now due by 4/24/2023; Plaintiffs' reply is due by 5/5/2023; and the motion is re-noted for 5/5/2023. Signed by Judge James L. Robart. (LH)

March 24, 2023

March 24, 2023

RECAP

Per the direction of chambers, the noting date for the Motion to Certify Class (dkt. 2 ), and the Motion for Preliminary Injunction (dkt. 3 ) is now 6/9/2023 to align with the Defendants' Motion to Dismiss (dkt. 42 ). (LH)

May 16, 2023

May 16, 2023

45

ORDER re Parties' 44 Stipulated MOTION For 7-Day Extension of Time. Defendants' reply to the 42 MOTION to Dismiss is now due by 6/16/2023. Signed by Judge James L. Robart. (LH)

June 2, 2023

June 2, 2023

RECAP

Per the direction of chambers, the noting date for the Motion to Certify Class (dkt. 2 ), and the Motion for Preliminary Injunction (dkt. 3 ) is now 6/16/2023 to align with the defendants' re-noted Motion to Dismiss (dkt. 42 ). (LH)

June 12, 2023

June 12, 2023

48

MINUTE ORDER: The court ORDERS Plaintiffs to file supplemental briefing regarding the Defendants' 42 Motion to Dismiss. Plaintiffs' brief is due by 7/12/2023. Defendants' optional reply brief is due by 7/14/2023. The Clerk is DIRECTED to renote Defendants' motion to dismiss (Dkt. # 42 ), as well as Plaintiffs' motions for class certification (Dkt. # 2 ) and for a preliminary injunction (Dkt. # 3 ), for 7/14/2023. Authorized by Judge James L. Robart. (LH)

June 30, 2023

June 30, 2023

RECAP
51

ORDER granting in part and denying in part Defendant's 42 Motion to Dismiss. The court GRANTS Defendants' motion with respect to their argument that Plaintiff Eclesiaste Coissy lacks standing, DISMISSES Mr. Coissy's claims, and DENIES their motion in all other respects. Signed by Judge James L. Robart. (SS)

Aug. 2, 2023

Aug. 2, 2023

Clearinghouse
59

ORDER granting Plaintiff's 2 MOTION to Certify Class. The Clerk is directed to enter an order regarding initial disclosures and a joint status report. Signed by Judge James L. Robart. (MJV)

Aug. 25, 2023

Aug. 25, 2023

RECAP
72

ORDER granting Parties' 71 Stipulated MOTION for Protective Order. Signed by Judge James L. Robart. (SS)

Nov. 3, 2023

Nov. 3, 2023

RECAP
78

ORDER re 77 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Aidan Langston for PLAINTIFFS Cabdi Ibrahim Xareed and Shukria Zafari, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(MG) (Entered: 02/09/2024)

Feb. 9, 2024

Feb. 9, 2024

83

ORDER granting Defendants' 82 Motion for Leave to Amend the Answer. Defendants shall file their Second Amended Answer within 14 days of the filing of this order. Signed by Judge James L. Robart. (MJV)

Aug. 30, 2024

Aug. 30, 2024

RECAP
86

ORDER re Parties' 85 Stipulated MOTION. Dispositive motions are now due by 10/29/2024. The trial deadlines in this Court's February 6, 2024, Order (ECF No. 76 ) are vacated. Signed by Judge James L. Robart. (LH)

Sept. 10, 2024

Sept. 10, 2024

RECAP
88

ORDER. Pursuant to the 87 Stipulation of the Parties, and good cause having been shown, it is hereby ORDERED that the Parties deadline to file dispositive motions, including motions for summary judgment, shall be extended, by fourteen days, until 11/12/2024. The Parties shall file their responses by 12/6/2024. The Parties shall file replies in support of their motions by 12/13/2024. Signed by Judge James L. Robart. (MJV)

Oct. 21, 2024

Oct. 21, 2024

RECAP
105

STATUS REPORT by All Defendants (Hirst, Kevin)

April 14, 2025

April 14, 2025

106

RESPONSE by All Plaintiffs re [105] Status Report (Adams, Matt)

April 14, 2025

April 14, 2025

107

ORDER. The court DIRECTS the Clerk to renote the parties' cross motions for summary judgment (Dkt. [89], [92]) for 4/28/2025. Defendants are ORDERED to file a report regarding the status of USCIS's review and its effect, if any, on the pending cross motions by 4/28/2025. Signed by Judge James L. Robart. (TE)

April 15, 2025

April 15, 2025

RECAP
108

STATUS REPORT Stay MSJ by All Defendants (Attachments: (1) Exhibit A)(Larakers, Mary)

April 28, 2025

April 28, 2025

109

ORDER. The court DIRECTS the Clerk to renote the parties' cross motions for summary judgment (Dkt. [89], [92]) for 5/12/2025. Defendants are ORDERED to file a report regarding the status of USCISs review and its effect, if any, on the pending cross motions by 5/12/2025. Signed by Judge James L. Robart. (TE)

April 29, 2025

April 29, 2025

RECAP
110

STATUS REPORT by All Defendants (Attachments: (1) Exhibit A, Declaration of Susan Knafla)(Hirst, Kevin)

May 12, 2025

May 12, 2025

111

ORDER: The court DIRECTS the Clerk to renote the parties' cross motions for summary judgment (Dkt. ## 89 , 92 ) for June 11, 2025. Defendants are ORDERED to file a report regarding the status of USCIS's review and its effect, if any, on the pending cross motions by June 11, 2025. Signed by Judge James L. Robart. (LH)

May 13, 2025

May 13, 2025

RECAP
112

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Kevin Hirst for All Defendants. (Hirst, Kevin)

June 5, 2025

June 5, 2025

113

STATUS REPORT by All Defendants (Attachments: (1) Exhibit Declaration)(Larakers, Mary)

June 11, 2025

June 11, 2025

114

ORDER. The court concludes that an additional 30-day stay of the parties' cross motions - until 7/11/2025 - is appropriate. The Clerk is DIRECTED to renote the parties' cross motions for summary judgment (Dkt. ## 89 , 92 ) for 7/11/2025. Signed by Judge James L. Robart. (APH)

June 12, 2025

June 12, 2025

RECAP
115

STATUS REPORT by All Plaintiffs (Adams, Matt)

July 21, 2025

July 21, 2025

116

NOTICE of Administrative Action re [114] Order,, Util - Set/Reset Motion Noting Date, ; filed by All Defendants. (Attachments: (1) Exhibit A)(Larakers, Mary)

Aug. 19, 2025

Aug. 19, 2025

117

ORDER. The court direct the Clerk to renote the parties' cross motions for summary judgment (Dkt. [89], [92]) for 8/26/2025. Defendants are ORDERED to file a status report regarding the status of the parties' discussions and the effect the parties believe the identified changes will have on their cross motions by 8/26/2025. Signed by Judge James L. Robart. (TE)

Aug. 21, 2025

Aug. 21, 2025

118

STATUS REPORT by All Defendants (Larakers, Mary)

Aug. 26, 2025

Aug. 26, 2025

119

ORDER. The court ORDERS the parties to submit supplemental memoranda, of nomore than 2,500 words, explaining the effect of USCIS's identified changes on their respective cross motions by 9/18/2025. The parties may submit optional responses to the other's supplemental memorandum, of no more than 1,250 words, by 9/25/2025. After reviewing the parties' submissions, the court will evaluate whether re-briefing of the parties' pending cross motions is necessary. The Clerk is DIRECTED to re-note the parties' cross motions for summary judgment (Dkt. [89], [92]) for 9/25/2025. Signed by Judge James L. Robart. (TE)

Aug. 27, 2025

Aug. 27, 2025

120

NOTICE of Appearance by attorney Susan Ansari on behalf of Defendants Ur M Jaddou, Alejandro Mayorkas, United States Citizenship and Immigration Services. (Ansari, Susan)

Sept. 15, 2025

Sept. 15, 2025

121

SUPPLEMENT re [116] Notice-Other --SUPPLEMENTAL MEMORANDUM IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT AND IN RESPONSE TO DEFENDANTS NOTICE OF ADMINISTRATIVE ACTION by All Plaintiffs (Aldana Madrid, Glenda)

Sept. 18, 2025

Sept. 18, 2025

122

DECLARATION of Glenda M. Aldana Madrid re [121] Supplement by All Plaintiffs (Attachments: (1) Exhibit)(Aldana Madrid, Glenda)

Sept. 18, 2025

Sept. 18, 2025

123

SUPPLEMENT re [92] Cross MOTION for Summary Judgment , [119] Order,,, Set Deadlines/Hearings,,, Util - Set/Reset Motion Noting Date,, DEFENDANTS SUPPLEMENTAL MEMORANDUM IN SUPPORT OF THEIR CROSS MOTION FOR SUMMARY JUDGMENT by All Defendants (Ansari, Susan)

Sept. 18, 2025

Sept. 18, 2025

124

RESPONSE by All Plaintiffs TO DEFENDANTS' SUPPLEMENTAL MEMORANDUM IN SUPPORT OF THEIR CROSS MOTION FOR SUMMARY JUDGMENT (DKT.123) (Aldana Madrid, Glenda)

Sept. 25, 2025

Sept. 25, 2025

125

RESPONSE by All Defendants re [122] Declaration (non motion), [121] Supplement DEFENDANTS SUPPLEMENTAL RESPONSE IN SUPPORT OF THEIR CROSS MOTION FOR SUMMARY JUDGMENT (Ansari, Susan)

Sept. 25, 2025

Sept. 25, 2025

126

SEALED ORDER on Plaintiffs' [89] MOTION for Summary Judgment and Defendants' [92] Cross MOTION for Summary Judgment. Signed by Judge James L. Robart. (KRA) (cc: counsel via email, per chambers direction) (Main Document 126 unsealed at the direction of chambers on 12/30/2025) NEF regenerated to parties. (KRA).

Dec. 1, 2025

Dec. 1, 2025

RECAP
127

SEALED JUDGMENT BY COURT. (KRA) (cc: counsel via email, per chambers direction) (Main Document 127 unsealed at the direction of chambers on 12/30/2025) NEF regenerated to parties. (KRA).

Dec. 1, 2025

Dec. 1, 2025

Civil Case Terminated re 126 Sealed Order, and 127 Sealed Judgment by Court. (KRA)

Dec. 1, 2025

Dec. 1, 2025

***Civil Case Terminated re 126 Sealed Order, and 127 Sealed Judgment by Court. (KRA)

Dec. 1, 2025

Dec. 1, 2025

128

JOINT STATUS REPORT signed by all parties. (Larakers, Mary)

Dec. 11, 2025

Dec. 11, 2025

129

Joint Stipulated MOTION , filed by All Defendants. (Attachments: (1) Proposed Order)(Ansari, Susan)

Dec. 29, 2025

Dec. 29, 2025

130

MOTION to Amend Judgment , filed by All Defendants. Oral Argument Requested. Noting Date 2/9/2026, (Larakers, Mary)

Dec. 29, 2025

Dec. 29, 2025

131

MOTION to Amend Judgment Unredacted, filed by All Defendants. Oral Argument Requested. Noting Date 2/9/2026, (Larakers, Mary)

Dec. 30, 2025

Dec. 30, 2025

132

MINUTE ORDER: The court DENIES the stipulated motion to file an over-length motion and opposition as untimely and STRIKES the motion to amend (Dkt. # 131 ) for failure to comply with Rule 7(e)(2). The court ORDERS Defendants to file a motion to amend that complies with Local Civil Rule 7(e)(2) by January 7, 2026, at 12:00 p.m. (PT). The court also DENIES Plaintiff's request to file an overlength opposition to Defendants' motion. Authorized by Judge James L. Robart. (KRA)

Jan. 5, 2026

Jan. 5, 2026

RECAP
133

Amended MOTION to Amend Judgment , filed by All Defendants. Oral Argument Requested. Noting Date 2/10/2026, (Larakers, Mary)

Jan. 7, 2026

Jan. 7, 2026

134

NOTICE OF APPEAL to Ninth Circuit re [126] Sealed Order,, Terminate Motions, by All Defendants. No fee required- US Government Party (cc: USCA) (Larakers, Mary)

Jan. 28, 2026

Jan. 28, 2026

135

TIME SCHEDULE ORDER/USCA CASE NUMBER (26-628) as to [134] Notice of Appeal filed by Ur M Jaddou, Alejandro Mayorkas, United States Citizenship and Immigration Services. (RE)

Feb. 2, 2026

Feb. 2, 2026

136

NOTICE Effect of Appeal on Rule 59(e) Motion re [133] Amended MOTION to Amend Judgment , [134] Notice of Appeal ; filed by All Defendants. (Larakers, Mary)

Feb. 4, 2026

Feb. 4, 2026

137

RESPONSE, by All Plaintiffs, to [133] Amended MOTION to Amend Judgment . (Aldana Madrid, Glenda)

Feb. 4, 2026

Feb. 4, 2026

138

DECLARATION of Glenda M. Aldana Madrid in Support of Plaintiffs Response to Defendants Motion to Alter or Amend Judgment under FRCP 59(e) filed by All Plaintiffs re [133] Amended MOTION to Amend Judgment (Attachments: (1) Exhibit)(Aldana Madrid, Glenda)

Feb. 4, 2026

Feb. 4, 2026

139

REPLY, filed by All Defendants, TO RESPONSE to [133] Amended MOTION to Amend Judgment (Larakers, Mary)

Feb. 10, 2026

Feb. 10, 2026

140

ORDER OF USCA (26-628) as to [134] Notice of Appeal filed by Ur M Jaddou, Alejandro Mayorkas, United States Citizenship and Immigration Services. Proceedings in this court other than mediation are stayed until the district court rules on the motion filed on January 7, 2026. The clerk will send a copy of this order to the district court and the district judge. (RE)

Feb. 12, 2026

Feb. 12, 2026

Case Details

State / Territory:

Washington

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: March 9, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Persons eligible for TPS seeking temporary employment authorization

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

United States (Washington D.C., District of Columbia), Federal

United States (Washington D.C., District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Other Dockets:

Western District of Washington 2:23-cv-00347

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Admission - criteria

Admission - procedure

Employment

Temporary protected status

Work authorization - procedures