Case: Immigrationportal.com v. Ridge

1:03-cv-02606 | U.S. District Court for the District of Columbia

Filed Date: Dec. 22, 2003

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On December 22, 2003, nine individuals and ImmigrationPortal.com, an Internet site with over 72,000 registered members who shared information about immigration law violations, filed suit in the United States District Court for the District of Columbia, challenging unreasonable delays in the processing of employment-based adjustment of status applications for legal permanent residence ("green cards"). In addition to unreasonable delays in obtaining green cards, sometimes up to 6 years, Plaintif…

On December 22, 2003, nine individuals and ImmigrationPortal.com, an Internet site with over 72,000 registered members who shared information about immigration law violations, filed suit in the United States District Court for the District of Columbia, challenging unreasonable delays in the processing of employment-based adjustment of status applications for legal permanent residence ("green cards"). In addition to unreasonable delays in obtaining green cards, sometimes up to 6 years, Plaintiffs also alleged that during the application process, they had to file repeated applications for the issuance of employment authorization and advance parole and were subjected to repeated fingerprintings. Plaintiffs alleged violations of the Mandamus Act, 28 U.S.C. § 1361; Declaratory Judgment Act, 28 U.S.C. § 2201; All Writs Act, 28 U.S.C. §1651; Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.; Administrative Procedure Act, 5 U.S.C. § 551 et seq.; and the Fifth Amendment to the U.S. Constitutions. They sought declaratory and injunctive relief and moved for class certification.

On March 31, 2005, the District Court (Judge James Robertson) denied the motion for class certification. Over 18 months later, the Court issued its memorandum which set forth its reasons for denying class certification. In the memorandum, the Court noted that "all nine of the people who were named in the original complaint have somehow miraculously found their way through the system." ImmigrationPortal.com v. Chertoff, 2006 WL 3254490 (D.D.C. Nov. 8, 2006.)

Shortly thereafter, the parties filed a voluntary joint stipulation for dismissal and the case was closed.

Summary Authors

Dan Dalton (12/30/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4689167/parties/immigrationportalcom/


Judge(s)

Robertson, James (District of Columbia)

Attorneys(s) for Plaintiff

Khanna, Rajiv Santosh (Virginia)

Attorneys(s) for Defendant

Banks, Dorann E (District of Columbia)

Contreras, Rudolph (District of Columbia)

Erb, William Campbell (District of Columbia)

Keisler, Peter D. (District of Columbia)

Melnik, Karen L (District of Columbia)

Peralta, Marianela (District of Columbia)

Scadron, Terri J. (District of Columbia)

Judge(s)

Robertson, James (District of Columbia)

Attorneys(s) for Plaintiff

Khanna, Rajiv Santosh (Virginia)

Attorneys(s) for Defendant

Banks, Dorann E (District of Columbia)

Contreras, Rudolph (District of Columbia)

Erb, William Campbell (District of Columbia)

Keisler, Peter D. (District of Columbia)

Melnik, Karen L (District of Columbia)

Peralta, Marianela (District of Columbia)

Scadron, Terri J. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Jan. 29, 2007 Docket
1

Complaint for Mandamus, Declaratory and Injunctive Relief

ImmigrationPortal.com v. Ridge

Dec. 22, 2003 Complaint
32

[Order]

Immigrationportal.com v. Chertoff

2006 WL 3254490, 2006 U.S.Dist.LEXIS 81587

Nov. 8, 2006 Order/Opinion
33

Joint Stipulation of Dismissal

ImmigrationPortal.com v. Chertoff

Jan. 29, 2007 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4689167/immigrationportalcom/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT against EDUARDO AGUIRRE JR., JOHN ASHCROFT, DONALD NEUFLED, PAUL NOVAK, TOM RIDGE, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, UNITED STATES OF AMERICA, EVELYN UPCHURCH, TERRY E. WAY (Filing fee $ 150.) , filed by MATHEW CHACKO, RAM K. GRANDHI, KRESNA HARTANDI, IMMIGRATIONPORTAL.COM, RAJAH KALIPATNAPU, RAJKUMAR KANDASAMY, KAZUOMI KASHII, SAMRAHYA L. KOMPELLA, SAVITA KRISHNAMURTHY, VLADIMIR MOROZOV.(bcs, ) (Entered: 12/30/2003)

Dec. 22, 2003
32

MEMORANDUM re: Order of March 31, 2005 28 . Signed by Judge James Robertson on November 8, 2006. (MT)

Nov. 8, 2006 RECAP
2

LCvR 7.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ALL PLAINTIFFS (bcs, ) (Entered: 12/30/2003)

Dec. 22, 2003

SUMMONS Issued (20)as to EDUARDO AGUIRRE JR. ; JOHN ASHCROFT ; DONALD NEUFLED ; PAUL NOVAK ; TOM RIDGE ; U.S. CITIZENSHIP AND IMMIGRATION SERVICES ; U.S. DEPARTMENT OF HOMELAND SECURITY ; UNITED STATES OF AMERICA ; EVELYN UPCHURCH ; TERRY E. WAY, U.S. Attorney and U.S. Attorney General; (Defendants served 2 times) (bcs, ) (Entered: 12/30/2003)

Dec. 22, 2003
3

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to EDUARDO AGUIRRE JR. served on 12/23/2003, answer due 2/23/2004; TOM RIDGE served on 12/23/2003, answer due 2/23/2004; U.S. CITIZENSHIP AND IMMIGRATION SERVICES served on 12/23/2003, answer due 2/23/2004; U.S. DEPARTMENT OF HOMELAND SECURITY served on 12/23/2003, answer due 2/23/2004. (bcs, ) (Entered: 01/09/2004)

Dec. 31, 2003
5

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General (bcs, ) (Entered: 01/09/2004)

Dec. 31, 2003

SUMMONS REISSUED(8) as to EDUARDO AGUIRRE JR. ; DONALD NEUFLED ; PAUL NOVAK ; TOM RIDGE ; U.S. CITIZENSHIP AND IMMIGRATION SERVICES ; U.S. DEPARTMENT OF HOMELAND SECURITY ; EVELYN UPCHURCH ; TERRY E. WAY (bcs, ) (Entered: 01/07/2004)

Jan. 6, 2004
6

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to EDUARDO AGUIRRE JR. served on 1/2/2004, answer due 3/2/2004; DONALD NEUFLED served on 1/2/2004, answer due 3/2/2004; PAUL NOVAK served on 12/29/2003, answer due 2/27/2004; TOM RIDGE served on 12/30/2003, answer due 3/1/2004; U.S. CITIZENSHIP AND IMMIGRATION SERVICES served on 12/29/2003, answer due 2/27/2004; U.S. DEPARTMENT OF HOMELAND SECURITY served on 12/30/2003, answer due 3/1/2004; EVELYN UPCHURCH served on 12/30/2003, answer due 3/1/2004; TERRY E. WAY served on 1/5/2004, answer due 3/5/2004. (bcs, ) (Entered: 02/03/2004)

Jan. 30, 2004
7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to JOHN ASHCROFT. (bcs, ) (Entered: 02/03/2004)

Jan. 30, 2004
8

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to UNITED STATES OF AMERICA served on 12/30/2003, answer due 3/1/2004., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney served on 1/15/2004, answer due 3/15/2004 (bcs, ) (Entered: 02/03/2004)

Jan. 30, 2004
9

Consent MOTION for Extension of Time to Respond to Plaintiff's Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY. (Banks, Dorann) (Entered: 02/13/2004)

Feb. 13, 2004
10

ORDER granting 9 Motion for Extension of Time to respond to Complaint. Signed by Judge James Robertson on 02/17/04. (lcjr1, ) (Entered: 02/17/2004)

Feb. 17, 2004
11

ENTERED IN ERROR.....MOTION to Certify Class by MATHEW CHACKO, RAM K. GRANDHI, KRESNA HARTANDI, IMMIGRATIONPORTAL.COM, RAJAH KALIPATNAPU, RAJKUMAR KANDASAMY, KAZUOMI KASHII, SAMRAHYA L. KOMPELLA, SAVITA KRISHNAMURTHY, VLADIMIR MOROZOV. (Khanna, Rajiv) Modified on 3/11/2004 (bcs, ). (Entered: 03/10/2004)

March 10, 2004
12

MOTION to Certify Class by MATHEW CHACKO, RAM K. GRANDHI, KRESNA HARTANDI, IMMIGRATIONPORTAL.COM, RAJAH KALIPATNAPU, RAJKUMAR KANDASAMY, KAZUOMI KASHII, SAMRAHYA L. KOMPELLA, SAVITA KRISHNAMURTHY, VLADIMIR MOROZOV. (Attachments: # 1 Text of Proposed Order # 2 Affidavit Affidavit of Counsel in Support of Class Certification)(Khanna, Rajiv) (Entered: 03/10/2004)

March 10, 2004

"NOTICE OF CORRECTED DOCKET ENTRY. Document No. 11 was entered in error and counsel has already refiled the motion to certify class with attachments." (bcs, ) (Entered: 03/11/2004)

March 11, 2004
13

NOTICE of Appearance by William C. Erb on behalf of all defendants (Erb, William) (Entered: 03/12/2004)

March 12, 2004
14

First MOTION for Extension of Time to File Response/Reply Defendants' Motion for an Extension of Time Within Which to Respond to Plaintiffs' Motion for Certification of Class Action by EDUARDO AGUIRRE JR., JOHN ASHCROFT, DONALD NEUFLED, PAUL NOVAK, TOM RIDGE, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, UNITED STATES OF AMERICA, EVELYN UPCHURCH, TERRY E. WAY. (Erb, William) (Entered: 03/16/2004)

March 16, 2004

MINUTE ENTRY: Court grants defendants' motion for extension of time 14 to April 22, 2004 . Signed by Judge James Robertson on March 17, 2004. (MT) (Entered: 03/17/2004)

March 17, 2004
15

Defendants' ANSWER to Complaint by UNITED STATES OF AMERICA. (Banks, Dorann) (Entered: 03/30/2004)

March 30, 2004
16

Memorandum in opposition to motion re 12 for Class Certification filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit # 2 # 3 # 4 # 5 # 6)(Banks, Dorann) (Entered: 04/22/2004)

April 22, 2004
17

REPLY to opposition to motion re 12 PLAINTIFFS? MOTION FOR CERTIFICATION OF CLASS ACTION filed by MATHEW CHACKO, RAM K. GRANDHI, KRESNA HARTANDI, IMMIGRATIONPORTAL.COM, RAJAH KALIPATNAPU, RAJKUMAR KANDASAMY, KAZUOMI KASHII, SAMRAHYA L. KOMPELLA, SAVITA KRISHNAMURTHY, VLADIMIR MOROZOV. (Khanna, Rajiv) (Entered: 04/28/2004)

April 28, 2004

Initial Scheduling Conference set for 5/14/2004 at 10:00 AM. The Court will also hear the motion on class certification. These hearings will go forward in courtroom 16 before Judge James Robertson. (dam, ) (Entered: 04/29/2004)

April 29, 2004
18

MEET AND CONFER STATEMENT. (Banks, Dorann) (Entered: 05/07/2004)

May 7, 2004
19

MEET AND CONFER STATEMENT. (Khanna, Rajiv) (Entered: 05/07/2004)

May 7, 2004

Initial Scheduling Conference and Motions Hearing on class certification re-set for 6/3/2004 04:45 PM in Courtroom 16 before Judge James Robertson. (dam, ) (Entered: 05/13/2004)

May 13, 2004

Motion Hearing held in reference to 12 MOTION to Certify Class. The motion is heard and taken under advisement. (Court Reporter Cathy Crump, Miller Reporting.) (dam, ) (Entered: 06/15/2004)

June 3, 2004
20

ATTORNEY APPEARANCE. (Peralta, Marianela) (Entered: 09/01/2004)

Sept. 1, 2004

Status Conference set for 9/24/2004 10:30 AM in Courtroom 16 before Judge James Robertson. (dam, ) (Entered: 09/13/2004) 09/27/2004)

Sept. 13, 2004
21

NOTICE OF TRANSCRIPT FILED for dates 9/24/2003. (lc, ) (Entered: 09/28/2004)

Sept. 24, 2004
22

SURREPLY to re 12 MOTION to Certify Class (SUPPLEMENARY BRIEF) filed by MATHEW CHACKO, RAM K. GRANDHI, KRESNA HARTANDI, IMMIGRATIONPORTAL.COM, RAJAH KALIPATNAPU, RAJKUMAR KANDASAMY, KAZUOMI KASHII, SAMRAHYA L. KOMPELLA, SAVITA KRISHNAMURTHY, VLADIMIR MOROZOV. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N)(Khanna, Rajiv) (Entered: 10/08/2004)

Oct. 8, 2004
23

Memorandum in opposition to motion re 12 Supplemental Memorandum In Opposition to Plaintiff's Motion for Class Certification filed by EDUARDO AGUIRRE JR., JOHN ASHCROFT, DONALD NEUFLED, PAUL NOVAK, TOM RIDGE, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, UNITED STATES OF AMERICA, EVELYN UPCHURCH, TERRY E. WAY. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4)(Peralta, Marianela) (Entered: 10/08/2004)

Oct. 8, 2004
24

STRICKEN PURSUANT TO COURT ORDER DATED 10/19/04.....REPLY to Pls.'Supp.Mem. for Class Cert. filed by EDUARDO AGUIRRE JR., JOHN ASHCROFT, DONALD NEUFLED, PAUL NOVAK, TOM RIDGE, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, UNITED STATES OF AMERICA, EVELYN UPCHURCH, TERRY E. WAY. (Erb, William) Modified on 3/11/2005 (adc, ). (Entered: 10/18/2004)

Oct. 18, 2004
25

STRICKEN PURSUANT TO COURT ORDER DATED 10/19/05.....SURREPLY to re 12 MOTION to Certify Class In Response to Defendants' Opposition to Supplementary filed by MATHEW CHACKO, RAM K. GRANDHI, KRESNA HARTANDI, IMMIGRATIONPORTAL.COM, RAJAH KALIPATNAPU, RAJKUMAR KANDASAMY, KAZUOMI KASHII, SAMRAHYA L. KOMPELLA, SAVITA KRISHNAMURTHY, VLADIMIR MOROZOV. (Attachments: # 1 Exhibit Reply Exhibit A# 2 Exhibit Reply Exhibit B# 3 Exhibit Reply Exhibit C# 4 Exhibit Reply Exhibit D)(Khanna, Rajiv) Modified on 3/11/2005 (adc, ). (Entered: 10/19/2004)

Oct. 19, 2004
26

ORDER striking plaintiffs' supplemental memorandum 24 and striking plaintiffs' surreply 25. Signed by Judge James Robertson on October 19, 2004. (MT) (Entered: 10/19/2004)

Oct. 19, 2004
27

STATUS REPORT Defendants' Notice Regarding Status of Named Plaintiffs' Applications for Adjustment of Status by EDUARDO AGUIRRE JR., JOHN ASHCROFT, DONALD NEUFLED, PAUL NOVAK, TOM RIDGE, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, UNITED STATES OF AMERICA, EVELYN UPCHURCH, TERRY E. WAY. (Attachments: # 1 Exhibit Plaintiff Kompella's Approval Notice# 2 Exhibit Plaintiff Chacko's Approval Notice)(Peralta, Marianela) (Entered: 11/01/2004)

Nov. 1, 2004
28

ORDER denying plaintiffs' motion for certification of class action 12 . Signed by Judge James Robertson on March 31, 2005. (MT) (Entered: 03/31/2005)

March 31, 2005
29

NOTICE of Appearance by Karen L. Melnik on behalf of all defendants (Melnik, Karen) (Entered: 10/11/2005)

Oct. 11, 2005
30

ORDER that plaintiffs submit a status report within 30 days of the date of this order. Signed by Judge James Robertson on November 23, 2005. (MT) (Entered: 11/23/2005)

Nov. 23, 2005
31

STATUS REPORT by IMMIGRATIONPORTAL.COM. (Khanna, Rajiv) (Entered: 11/30/2005)

Nov. 30, 2005
33

STIPULATION of Dismissal by KAZUOMI KASHII, VLADIMIR MOROZOV, MATHEW CHACKO, SAMRAHYA L. KOMPELLA, SAVITA KRISHNAMURTHY, RAJAH KALIPATNAPU, IMMIGRATIONPORTAL.COM, RAM K. GRANDHI, KRESNA HARTANDI, RAJKUMAR KANDASAMY. (Khanna, Rajiv) (Entered: 01/29/2007)

Jan. 29, 2007

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Dec. 22, 2003

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons whose Employment Based Ajudjustment of Status Applications are pending at various Service Centers and other offices of the USCIS.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

U.S. Department of of Homeland Security, Federal

U.S. Citizenship and Immigration Services, Federal

Attorney General of the U.S., Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

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

Mandamus, 28 U.S.C. § 1361

All Writs Act, 28 U.S.C. § 1651

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

Immigration/Border:

Employment