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

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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.

In a court order, the court concluded that an additional 30-day stay of the parties’ cross motions until July 11, 2025 was appropriate. 

The court entered a sealed order on plaintiffs’ motion for summary judgment and defendants’ cross motion for summary judgment. In the order, the court granted summary judgment for plaintiffs and denied defendants’ motion for summary judgment. The court rejected defendants’ framing of the policy at issue and found that USCIS’s current approach to the EAD provision at issue was arbitrary and capricious, and ran afoul of the APA. Moreover, the court declared that defendants’ one touch policy and practice of adjudicating applications for employment authorization and defendants’ PFE-SCP violated 5 U.S.C. §§706(1),(2), and the Due Process Clause of the 5th Amendment. The court enjoined defendants use of its One-Touch policy and PFE-SCP processing and ordered USCIS to implement a new process to screen TPS applicants for prima facie eligibility and provide EADs to eligible applications. Defendants were also ordered to submit status reports every six months regarding compliance. 

The court also entered a sealed judgment which is not publicly visible on December 1, 2025. 

Defendants filed an amended motion to amend the judgment on January 7, 2026. Moreover, a notice to appeal to the Ninth Circuit was entered on January 28, 2026 by the government parties. 

The United States Court of Appeals entered an order on February 11, 2026 staying all proceedings in the court other than meditation until the district court ruled on the amended motion filed on January 7, 2026. 

On March 16, 2026, the district court granted defendants motion for clarification. Originally, the defendants moved to amend the judgment but then asked the court to construe their order entered on December 1, 2025. 

The case is ongoing. 

Summary Authors

Tucker Gribble (3/19/2025)

Ana Lopez (4/12/2026)

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/


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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
126

2:23-cv-00347

Order

Dec. 1, 2025

Dec. 1, 2025

Order/Opinion

2025 WL 4274509

141

2:23-cv-00347

Order

March 16, 2026

March 16, 2026

Order/Opinion

26 WL 734278

Docket

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

Last updated April 12, 2026, 12:22 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendant(s) Ur M Jaddou, Alejandro Mayorkas, United States Citizenship and Immigration Services (Receipt # AWAWDC-7920663) Attorney Glenda M Aldana Madrid added to party Eclesiaste Coissy(pty:pla), Attorney Glenda M Aldana Madrid added to party Fayez Mansor(pty:pla), Attorney Glenda M Aldana Madrid added to party Cabdi Ibrahim Xareed(pty:pla), Attorney Glenda M Aldana Madrid added to party Shukria Zafari(pty:pla) filed by Fayez Mansor, Eclesiaste Coissy, Cabdi Ibrahim Xareed, Shukria Zafari. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for USCIS, # 3 Summons for Alejandro Mayorkas, # 4 Summons for Ur M Jaddou, # 5 Summons for Civil Process Clerk)(Aldana Madrid, Glenda) (Entered: 03/09/2023)

March 9, 2023

March 9, 2023

2

MOTION to Certify Class, filed by All Plaintiffs. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 7/14/2023 6/16/2023 6/9/2023 3/31/2023, (Aldana Madrid, Glenda) Modified noting date on 5/16/2023, 6/12/2023, and 6/30/2023 (LH). (Entered: 03/09/2023)

March 9, 2023

March 9, 2023

3

MOTION for Preliminary Injunction, filed by All Plaintiffs. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 7/14/2023 6/16/2023 6/9/2023 3/31/2023, (Aldana Madrid, Glenda) Modified noting date on 5/16/2023, 6/12/2023, and 6/30/2023 (LH). (Entered: 03/09/2023)

March 9, 2023

March 9, 2023

4

DECLARATION of Sydney Maltese In Support of Plaintiffs' Motions for Preliminary Injunction and Class Certification filed by All Plaintiffs re 2 MOTION to Certify Class, 3 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A--Mansor USCIS Notices, # 2 Exhibit B--Zafari USCIS Notices, # 3 Exhibit C--Country Designation Pages, # 4 Exhibit D--USCIS I-821 Data, # 5 Exhibit E--USCIS TPS QAs, # 6 Exhibit F--Mansor Filing Screenshot, # 7 Exhibit G--Coissy USCIS Notices)(Aldana Madrid, Glenda) (Entered: 03/09/2023)

March 9, 2023

March 9, 2023

5

DECLARATION of Matt Adams filed by All Plaintiffs re 2 MOTION to Certify Class (Aldana Madrid, Glenda) (Entered: 03/09/2023)

March 9, 2023

March 9, 2023

6

DECLARATION of Mary Kenney filed by All Plaintiffs re 2 MOTION to Certify Class (Aldana Madrid, Glenda) (Entered: 03/09/2023)

March 9, 2023

March 9, 2023

7

DECLARATION of Trina Realmuto filed by All Plaintiffs re 2 MOTION to Certify Class (Aldana Madrid, Glenda) (Entered: 03/09/2023)

March 9, 2023

March 9, 2023

8

DECLARATION of Fayez Mansor filed by All Plaintiffs re 3 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Aldana Madrid, Glenda) (Entered: 03/09/2023)

March 9, 2023

March 9, 2023

9

DECLARATION of Eclesiaste Coissy filed by All Plaintiffs re 3 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Aldana Madrid, Glenda) (Entered: 03/09/2023)

March 9, 2023

March 9, 2023

10

DECLARATION of Cabdi Ibrahim Xareed filed by All Plaintiffs re 3 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Aldana Madrid, Glenda) (Entered: 03/09/2023)

March 9, 2023

March 9, 2023

11

DECLARATION of Shukria Zafari filed by All Plaintiffs re 3 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Aldana Madrid, Glenda) (Entered: 03/09/2023)

March 9, 2023

March 9, 2023

12

DECLARATION of Jason Corral filed by All Plaintiffs re 3 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Aldana Madrid, Glenda) (Entered: 03/09/2023)

March 9, 2023

March 9, 2023

13

DECLARATION of Ingrid Cova filed by All Plaintiffs re 3 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Aldana Madrid, Glenda) (Entered: 03/09/2023)

March 9, 2023

March 9, 2023

14

DECLARATION of Nancy A Falgout filed by All Plaintiffs re 3 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Aldana Madrid, Glenda) (Entered: 03/09/2023)

March 9, 2023

March 9, 2023

15

DECLARATION of Mariam Liberles filed by All Plaintiffs re 3 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Aldana Madrid, Glenda) (Entered: 03/09/2023)

March 9, 2023

March 9, 2023

16

DECLARATION of Stephanie Marzouk filed by All Plaintiffs re 3 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Aldana Madrid, Glenda) (Entered: 03/09/2023)

March 9, 2023

March 9, 2023

17

DECLARATION of Randolph P. McGrorty filed by All Plaintiffs re 3 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Aldana Madrid, Glenda) (Entered: 03/09/2023)

March 9, 2023

March 9, 2023

18

DECLARATION of Marc Prokosch filed by All Plaintiffs re 3 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Aldana Madrid, Glenda) (Entered: 03/09/2023)

March 9, 2023

March 9, 2023

19

DECLARATION of William Sharma-Crawford filed by All Plaintiffs re 3 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Aldana Madrid, Glenda) (Entered: 03/09/2023)

March 9, 2023

March 9, 2023

20

APPLICATION OF ATTORNEY Mary Kenney FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-7922427 (Adams, Matt) (Entered: 03/10/2023)

March 10, 2023

March 10, 2023

21

APPLICATION OF ATTORNEY Trina Realmuto FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-7922450 (Adams, Matt) (Entered: 03/10/2023)

March 10, 2023

March 10, 2023

22

APPLICATION OF ATTORNEY Kristin Macleod-Ball FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-7922456 (Adams, Matt) (Entered: 03/10/2023)

March 10, 2023

March 10, 2023

23

APPLICATION OF ATTORNEY Ira J Kurzban FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-7922468 (Adams, Matt) (Entered: 03/10/2023)

March 10, 2023

March 10, 2023

24

APPLICATION OF ATTORNEY Edward F. Ramos FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-7922477 (Adams, Matt) (Entered: 03/10/2023)

March 10, 2023

March 10, 2023

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

30

Summons(es) Electronically Issued as to defendant(s) Ur M Jaddou, Alejandro Mayorkas, United States Citizenship and Immigration Services. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons) (RE) (Entered: 03/13/2023)

March 13, 2023

March 13, 2023

Order on Application for Leave to Appear Pro Hac Vice

March 13, 2023

March 13, 2023

Add and Terminate Judges

March 13, 2023

March 13, 2023

Judge James L. Robart added. (RE)

March 13, 2023

March 13, 2023

31

NOTICE of Appearance by attorney Mary L Larakers on behalf of Defendants Ur M Jaddou, Alejandro Mayorkas, United States Citizenship and Immigration Services. (Larakers, Mary) (Entered: 03/15/2023)

March 15, 2023

March 15, 2023

32

CERTIFICATE OF SERVICE by All Plaintiffs re 7 Declaration, 13 Declaration, 15 Declaration, 23 Application for Leave to Appear Pro Hac Vice, 5 Declaration, 4 Declaration,, 16 Declaration, 22 Application for Leave to Appear Pro Hac Vice, 19 Declaration, 17 Declaration, 2 MOTION to Certify Class, 8 Declaration, 12 Declaration, 18 Declaration, 20 Application for Leave to Appear Pro Hac Vice, 3 MOTION for Preliminary Injunction, 9 Declaration, 24 Application for Leave to Appear Pro Hac Vice, 10 Declaration, 14 Declaration, 21 Application for Leave to Appear Pro Hac Vice, 1 Complaint,, 6 Declaration, 11 Declaration (Aldana Madrid, Glenda) (Entered: 03/15/2023)

March 15, 2023

March 15, 2023

33

NOTICE of Appearance by attorney Kevin Hirst on behalf of Defendants Ur M Jaddou, Alejandro Mayorkas, United States Citizenship and Immigration Services. (Hirst, Kevin) (Entered: 03/16/2023)

March 16, 2023

March 16, 2023

34

STIPULATION AND PROPOSED ORDER to extend time to respond by parties re 3 MOTION for Preliminary Injunction, 2 MOTION to Certify Class (Attachments: # 1 Proposed Order)(Larakers, Mary) (Entered: 03/24/2023)

March 24, 2023

March 24, 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
36

RESPONSE, by All Defendants, to 2 MOTION to Certify Class . (Attachments: # 1 Exhibit A, Plaintiff Zafari Approval Notice, # 2 Exhibit B, Plaintiff Coissy Approval Notice)(Hirst, Kevin) (Entered: 04/17/2023)

April 17, 2023

April 17, 2023

37

RESPONSE, by All Defendants, to 3 MOTION for Preliminary Injunction . (Attachments: # 1 Exhibit 1: Orise Declaration)(Larakers, Mary) (Entered: 04/24/2023)

April 24, 2023

April 24, 2023

38

REPLY, filed by All Plaintiffs, TO RESPONSE to 2 MOTION to Certify Class (Adams, Matt) (Entered: 04/28/2023)

April 28, 2023

April 28, 2023

39

REPLY, filed by All Plaintiffs, TO RESPONSE to 3 MOTION for Preliminary Injunction (Macleod-Ball, Kristin) (Entered: 05/05/2023)

May 5, 2023

May 5, 2023

40

Second DECLARATION of Stephanie Marzouk filed by All Plaintiffs re 3 MOTION for Preliminary Injunction (Macleod-Ball, Kristin) (Entered: 05/05/2023)

May 5, 2023

May 5, 2023

41

DECLARATION of Aaron Korthuis filed by All Plaintiffs re 3 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Mansor I-765 Receipt Notice, # 2 Exhibit Xareed I-765 Receipt Notice, # 3 Exhibit I-765 Receipt Notice)(Macleod-Ball, Kristin) (Entered: 05/05/2023)

May 5, 2023

May 5, 2023

42

MOTION to Dismiss Under Rule 12(b)(1) and 12(b)(6), filed by All Defendants. Noting Date 7/14/2023 6/9/2023, (Larakers, Mary) Modified noting date on 6/30/2023 (LH). (Entered: 05/15/2023)

May 15, 2023

May 15, 2023

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

Set/Reset Motion Noting Date (Public)

May 16, 2023

May 16, 2023

43

AFFIDAVIT of Mailing of Summons and Complaint to All Defendants on 3/13/2023, filed by All Plaintiffs. (Attachments: # 1 Exhibit Delivery receipts)(Aldana Madrid, Glenda) (Entered: 05/19/2023)

May 19, 2023

May 19, 2023

44

Stipulated MOTION for 7-day extension of time for Defendants to File Reply in support of Motion to Dismiss, filed by All Defendants. (Attachments: # 1 Proposed Order) Noting Date 6/1/2023, (Larakers, Mary) (Entered: 06/01/2023)

June 1, 2023

June 1, 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
46

RESPONSE, by All Plaintiffs, to 42 MOTION to Dismiss Under Rule 12(b)(1) and 12(b)(6). Oral Argument Requested. (Macleod-Ball, Kristin) (Entered: 06/05/2023)

June 5, 2023

June 5, 2023

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

Set/Reset Motion Noting Date (Public)

June 12, 2023

June 12, 2023

47

REPLY, filed by All Defendants, TO RESPONSE to 42 MOTION to Dismiss Under Rule 12(b)(1) and 12(b)(6) (Larakers, Mary) (Entered: 06/16/2023)

June 16, 2023

June 16, 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
49

Supplemental RESPONSE SURREPLY filed by All Plaintiffs re 42 MOTION to Dismiss Under Rule 12(b)(1) and 12(b)(6) (Macleod-Ball, Kristin) Modified title on 7/12/2023 (LH). (Entered: 07/11/2023)

July 11, 2023

July 11, 2023

50

REPLY, filed by All Defendants, TO RESPONSE to 42 MOTION to Dismiss Under Rule 12(b)(1) and 12(b)(6) (Larakers, Mary) (Entered: 07/14/2023)

July 14, 2023

July 14, 2023

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
52

Stipulated MOTION Extend Time to File Answer, filed by All Defendants. (Attachments: # 1 Proposed Order) Noting Date 8/9/2023, (Larakers, Mary) (Entered: 08/09/2023)

Aug. 9, 2023

Aug. 9, 2023

53

ORDER granting Parties' 52 Stipulated MOTION to Extend Time to File Answer. Defendants shall answer Plaintiffs' Complaint (ECF No. 1 ) on or before 9/15/2023. Signed by Judge James L. Robart. (SS) (Entered: 08/10/2023)

Aug. 10, 2023

Aug. 10, 2023

54

NOTICE of Administrative Action ; filed by All Defendants. (Attachments: # 1 Exhibit A, Screenshots from USCISs Electronic Information System (ELIS))(Hirst, Kevin) (Entered: 08/14/2023)

Aug. 14, 2023

Aug. 14, 2023

55

NOTICE to Withdraw Pending Motion re 3 MOTION for Preliminary Injunction ; by All Plaintiffs. (Adams, Matt) (Entered: 08/14/2023)

Aug. 14, 2023

Aug. 14, 2023

56

ORDER TO SHOW CAUSE: The court ORDERS Plaintiffs to show cause how these administrative actions impact the instant litigation in general and their pending motion specifically by no later than 8/16/2023. Signed by Judge James L. Robart. (SS) (Entered: 08/14/2023)

Aug. 14, 2023

Aug. 14, 2023

57

RESPONSE TO ORDER TO SHOW CAUSE by Plaintiffs Fayez Mansor, Cabdi Ibrahim Xareed, Shukria Zafari re: 56 Order to Show Cause (Realmuto, Trina) (Entered: 08/16/2023)

Aug. 16, 2023

Aug. 16, 2023

58

RESPONSE TO ORDER TO SHOW CAUSE by All Defendants re: 56 Order to Show Cause (Hirst, Kevin) (Entered: 08/18/2023)

Aug. 18, 2023

Aug. 18, 2023

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
60

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT by Judge James L. Robart. Joint Status Report due by 10/2/2023, FRCP 26(f) Conference Deadline is 9/11/2023, Initial Disclosure Deadline is 9/25/2023. (AD) (Entered: 08/28/2023)

Aug. 28, 2023

Aug. 28, 2023

61

Stipulated MOTION for Extension of Time to file Administrative Record and Joint Status Report, filed by All Defendants. (Attachments: # 1 Proposed Order) Noting Date 9/14/2023, (Larakers, Mary) (Entered: 09/14/2023)

Sept. 14, 2023

Sept. 14, 2023

62

ORDER granting Parties' 61 Stipulated MOTION for Extension of Time. Defendants shall file the Certified Administrative Record by 10/30/2023. The Parties shall meet and confer on the scope of any extra-record discovery by 11/15/2023, The Parties shall submit a Combined Joint Status Report and Discovery Plan by 12/15/2023. Signed by Judge James L. Robart. (SS) (Entered: 09/14/2023)

Sept. 14, 2023

Sept. 14, 2023

63

ANSWER to 1 Complaint,, by Ur M Jaddou, Alejandro Mayorkas, United States Citizenship and Immigration Services.(Larakers, Mary) (Entered: 09/15/2023)

Sept. 15, 2023

Sept. 15, 2023

64

NOTICE of Appearance by attorney Leila Kang on behalf of Plaintiffs Eclesiaste Coissy, Fayez Mansor, Cabdi Ibrahim Xareed, Shukria Zafari. (Kang, Leila) (Entered: 09/18/2023)

Sept. 18, 2023

Sept. 18, 2023

65

ANSWER to 1 Complaint,, Amended by Ur M Jaddou, Alejandro Mayorkas, United States Citizenship and Immigration Services.(Larakers, Mary) (Entered: 09/25/2023)

Sept. 25, 2023

Sept. 25, 2023

66

NOTICE of Appearance by attorney Michelle R. Lambert on behalf of Defendants Ur M Jaddou, Alejandro Mayorkas, United States Citizenship and Immigration Services. (Lambert, Michelle) (Entered: 09/29/2023)

Sept. 29, 2023

Sept. 29, 2023

67

Unopposed MOTION TO LIFT LIMITATIONS ON REMOTE ACCESS TO ELECTRONIC FILES, filed by All Plaintiffs. (Attachments: # 1 Proposed Order) Noting Date 10/13/2023, (Adams, Matt) (Entered: 10/13/2023)

Oct. 13, 2023

Oct. 13, 2023

68

ORDER granting Plaintiffs' 67 Unopposed Motion to Lift Limitations on Remote Access to Electronic Files. Signed by Judge James L. Robart. (SS) (Entered: 10/16/2023)

Oct. 16, 2023

Oct. 16, 2023

69

Stipulated MOTION to Extend Time, filed by All Defendants. (Attachments: # 1 Proposed Order) Noting Date 10/27/2023, (Hirst, Kevin) (Entered: 10/27/2023)

Oct. 27, 2023

Oct. 27, 2023

70

ORDER granting Parties' 69 Stipulated MOTION to Extend Time. Defendants shall file the Certified Administrative Record by 11/7/2023. The Parties shall meet and confer on the scope of any extra-record discovery by 11/22/2023. The Parties shall submit a Combined Joint Status Report and Discovery Plan by 12/22/2023. Signed by Judge James L. Robart. (SS) (Entered: 10/30/2023)

Oct. 30, 2023

Oct. 30, 2023

RECAP
71

Stipulated MOTION for Protective Order, filed by All Defendants. (Attachments: # 1 Exhibit A, Redline of Model Protective Order) Noting Date 11/1/2023, (Hirst, Kevin) (Entered: 11/01/2023)

Nov. 1, 2023

Nov. 1, 2023

72

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

Nov. 3, 2023

Nov. 3, 2023

RECAP
73

SEALED ADMINISTRATIVE RECORD filed by All Defendants. (Attachments: # 1 Certification of the Administrative Record, # 2 Certified Administrative Record (Part 1 of 5), # 3 Certified Administrative Record (Part 2 of 5), # 4 Certified Administrative Record (Part 3 of 5), # 5 Certified Administrative Record (Part 4 of 5), # 6 Certified Administrative Record (Part 5 of 5))(Hirst, Kevin) (Entered: 11/06/2023)

Nov. 6, 2023

Nov. 6, 2023

74

JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 3. (Adams, Matt) (Entered: 12/22/2023)

Dec. 22, 2023

Dec. 22, 2023

75

NOTICE of Errata re 37 Response to Motion ; filed by All Defendants. (Attachments: # 1 Exhibit A)(Larakers, Mary) (Entered: 01/31/2024)

Jan. 31, 2024

Jan. 31, 2024

76

MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES by Judge James L. Robart; Length of Trial: *3 days*. Bench Trial is set for 1/13/2025 at 01:30 PM in Courtroom 14106 before Judge James L. Robart. Joinder of Parties due by 3/5/2024, Amended Pleadings due by 7/17/2024, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 7/17/2024, Motions due by 8/16/2024, Discovery completed by 9/16/2024, Dispositive motions due by 10/15/2024, Attorney settlement conference to be held by 11/14/2024, Motions in Limine due by 12/2/2024, Pretrial Order due by 12/23/2024, Deposition Designations due by 12/23/2024, Pretrial Conference set for 12/30/2024 at 02:00 PM in Courtroom 14106 before Judge James L. Robart. Trial briefs to be submitted by 1/6/2025, Proposed Findings of Fact and Conclusions of Law to be submitted by 1/6/2025. (AD) (Entered: 02/06/2024)

Feb. 6, 2024

Feb. 6, 2024

77

APPLICATION OF ATTORNEY Aidan Langston FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-8343101 (Adams, Matt) (Entered: 02/07/2024)

Feb. 7, 2024

Feb. 7, 2024

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

Order on Application for Leave to Appear Pro Hac Vice

Feb. 9, 2024

Feb. 9, 2024

79

NOTICE to Update Notice of Errata re 75 Notice-Other ; filed by All Defendants. (Attachments: # 1 Exhibit A)(Larakers, Mary) (Entered: 02/12/2024)

Feb. 12, 2024

Feb. 12, 2024

80

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Aidan Langston for Plaintiffs Eclesiaste Coissy, Fayez Mansor, Cabdi Ibrahim Xareed, Shukria Zafari. (Langston, Aidan) (Entered: 08/02/2024)

Aug. 2, 2024

Aug. 2, 2024

81

NOTICE of Errata ; filed by All Defendants. (Attachments: # 1 Exhibit Declaration of Sharon Orise, # 2 Exhibit A, Screenshots from myUSCIS, # 3 Exhibit B, Screenshots from myUSCIS)(Hirst, Kevin) (Entered: 08/29/2024)

Aug. 29, 2024

Aug. 29, 2024

82

Unopposed MOTION to Amend Answer, filed by All Defendants. (Attachments: # 1 Exhibit Amended Answer (redlined), # 2 Proposed Order) Noting Date 8/29/2024, (Hirst, Kevin) (Entered: 08/29/2024)

Aug. 29, 2024

Aug. 29, 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
84

AMENDED ANSWER to Complaint by All Defendants. (Hirst, Kevin) (Entered: 08/30/2024)

Aug. 30, 2024

Aug. 30, 2024

85

Stipulated MOTION to extend time to file cross motions for summary judgment and vacate trial deadlines, filed by All Defendants. Noting Date 9/9/2024, (Larakers, Mary) (Entered: 09/09/2024)

Sept. 9, 2024

Sept. 9, 2024

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
87

Stipulated MOTION for Extension of Time to File Cross-Motions for Summary Judgment, filed by All Defendants. (Attachments: # 1 Proposed Order) Noting Date 10/21/2024, (Hirst, Kevin) (Entered: 10/21/2024)

Oct. 21, 2024

Oct. 21, 2024

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
89

MOTION for Summary Judgment, filed by All Plaintiffs. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 9/25/2025 8/26/2025 6/11/2025 5/12/2025 4/28/2025 4/14/2025 3/14/25 12/13/2024, (Korthuis, Aaron) Modified per order on 3/17/2025 (TE). Modified per order on 4/16/2025 (TE). Modified per order on 4/29/2025 (TE). Modified on 5/14/2025 modified noting date (CDA). Modified noting date per order on 8/21/2025 (TE). Modified noting date per order on 8/27/2025 (TE). (Entered: 11/12/2024)

Nov. 12, 2024

Nov. 12, 2024

90

DECLARATION of Sydney Maltese filed by All Plaintiffs re 89 MOTION for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Korthuis, Aaron) (Entered: 11/12/2024)

Nov. 12, 2024

Nov. 12, 2024

91

DECLARATION of Edward F. Ramos filed by All Plaintiffs re 89 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Korthuis, Aaron) (Entered: 11/12/2024)

Nov. 12, 2024

Nov. 12, 2024

92

Cross MOTION for Summary Judgment, filed by All Defendants. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) Noting Date 9/25/2025 8/26/2025 /6/11/25 5/12/2025. 4/28/2025 4/14/2025 3/14/2025 12/13/2024, (Larakers, Mary) Modified per order on 3/17/2025 (TE). Modified per order on 4/16/2025 (TE). Modified per order on 4/29/2025 (TE). Modified noting date on 5/14/2025 (CDA). Modified per order on 8/21/2025 (TE). Modified noting date per order on 8/27/2025 (TE). Modified on 8/28/2025 correct strike through of noting dates (CDA). (Entered: 11/12/2024)

Nov. 12, 2024

Nov. 12, 2024

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

Federal

United States

United States

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

U.S. Court of Appeals for the Ninth Circuit 26-628

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Confession of Judgment

Content of Injunction:

Implement complaint/dispute resolution process

Issues

Immigration/Border:

Admission - criteria

Admission - procedure

Employment

Temporary protected status

Work authorization - procedures

Recommended Citation