Case: Yakubova v. Chertoff

1:06-cv-03203 | U.S. District Court for the Eastern District of New York

Filed Date: June 28, 2006

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On June 28, 2006, individuals residing in New York State who properly filed their immigration naturalization papers filed this class action lawsuit in the U.S. District Court for the Eastern District of New York. The plaintiffs sued the United States Citizenship and Immigration Services (CIS), alleging that the federal government had a custom and practice of failing to grant or deny the plaintiffs' applications for naturalization within 120 days of their initial examinations, and of unlawfully …

On June 28, 2006, individuals residing in New York State who properly filed their immigration naturalization papers filed this class action lawsuit in the U.S. District Court for the Eastern District of New York. The plaintiffs sued the United States Citizenship and Immigration Services (CIS), alleging that the federal government had a custom and practice of failing to grant or deny the plaintiffs' applications for naturalization within 120 days of their initial examinations, and of unlawfully withholding and unreasonably delaying the adjudication of applications for naturalization. The plaintiffs alleged that in addition to not processing naturalization applications within 120 days, the government also failed to complete criminal background checks within a reasonable time, therefore denying them substantial and unique benefits of citizenship such as the right to vote, the right to obtain passports, and the right to file visa petitions for family members. The complaint asserted violations of the Immigration and Nationality Act, 8 U.S.C 1447(b), and the Administrative Procedure Act, 5 U.S.C. 706(1).

The plaintiffs, who were represented by attorneys for the New York Legal Assistance Group, requested a preliminary injunction and class certification. The government moved to dismiss the case and to sever the claims of the individual plaintiffs into separate cases.

The District Court (Judge Edward R. Korman) denied the defendants' motion to dismiss on November 2, 2006, except as to one plaintiff whose naturalization was to be granted by CIS. The Court also denied the plaintiffs' motion for class certification and the defendants' motion to sever as premature because discovery was not complete.

On July 3, 2008, the parties reached a settlement agreement. Under the terms of the agreement, the defendants agreed to adjudicate at least 90% of the naturalization applications that had been pending in the Eastern District of New York for at least 120 days on or before August 25, 2008. They further agreed to provide reports to the plaintiffs regarding the details of their actions before September 2, 2008.

This case is now closed.

Summary Authors

Miles Chan (7/21/2007)

Allison Hight (3/19/2016)

People


Judge(s)

Korman, Edward Robert (New York)

Attorneys(s) for Plaintiff

Avrasina, Olga (New York)

Berkman, Deborah (New York)

Drook , Helen (New York)

Hickey, Caroline Jane (New York)

Matiychenko, Irina (New York)

Parkin, Jason (New York)

Pinkhasova, Elvira (New York)

Sant'Ambrogio, Michael David (New York)

Schulman, Yisroel (New York)

Judge(s)

Korman, Edward Robert (New York)

Attorneys(s) for Plaintiff

Avrasina, Olga (New York)

Berkman, Deborah (New York)

Drook , Helen (New York)

Hickey, Caroline Jane (New York)

Matiychenko, Irina (New York)

Parkin, Jason (New York)

Pinkhasova, Elvira (New York)

Sant'Ambrogio, Michael David (New York)

Schulman, Yisroel (New York)

Stevens, Jane Greengold (New York)

Attorneys(s) for Defendant

Campbell, Benton J (New York)

Dunn, Scott (New York)

Glaser, Sheri R. (District of Columbia)

Keisler, Peter D. (District of Columbia)

Kline, David J. (District of Columbia)

Mauskopf, Roslynn Renee (New York)

Safavi, Nancy (District of Columbia)

Expert/Monitor/Master

Davis, Bruce E. (South Carolina)

Documents in the Clearinghouse

Document

Docket

July 7, 2008 Docket
1

Complaint

Yakubova v. Chertoff

June 29, 2006 Complaint
3

Motion for Preliminary Injunction and Class Action Certification

Yakubova v. Chertoff

June 29, 2006 Pleading / Motion / Brief
16

Response to Plaintiff's Motion for Injunction and Class Action Certification

Yakubova v. Chertoff

July 31, 2006 Pleading / Motion / Brief
23

Memorandum in Support of Motion to Dismiss

2006 WL 5305110

Sept. 1, 2006 Order/Opinion
31

Memorandum and Order

Yakubova v. Chertoff

2006 WL 6589892

Nov. 2, 2006 Order/Opinion
50

Amended Complaint

Nov. 13, 2007 Complaint
68

Stipulation and Agreement of Settlement and Release

July 7, 2008 Settlement Agreement

Docket

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT against Emilio Gonzalez, Mary Ann Gantner, Alberto Gonzales, Robert S. Mueller, Michael Chertoff Summons not issued., filed by Raisa Yakubova, Emma Unguryan, Bella Vesnovskaya, David Vesnovskiy, Vyacheslav Volosikov, Shehata Awad Ibrahim. (Attachments: # 1 Civil Cover Sheet)(Bowens, Priscilla) (Entered: 06/29/2006)

June 28, 2006
2

MOTION for Leave to Proceed in forma pauperis by Raisa Yakubova, Emma Unguryan, Bella Vesnovskaya, David Vesnovskiy, Vyacheslav Volosikov, Shehata Awad Ibrahim. (Bowens, Priscilla) (Entered: 06/29/2006)

June 28, 2006
3

MOTION for Preliminary Injunction and Class Certification by all plaintiffs. (Stevens, Jane) (Entered: 06/29/2006)

June 29, 2006
4

AFFIDAVIT of Raisa Yakubova in Support of Order to Show Cause by Raisa Yakubova. (Stevens, Jane) (Entered: 06/29/2006)

June 29, 2006
5

AFFIDAVIT of Emma Unguryan in Support of Order to Show Cause by Emma Unguryan. (Stevens, Jane) (Entered: 06/29/2006)

June 29, 2006
6

AFFIDAVIT of Bella Vesnovskaya in Support of Order to Show Cause by Bella Vesnovskaya. (Stevens, Jane) (Entered: 06/29/2006)

June 29, 2006
7

AFFIDAVIT of David Vesnovskiy in Support of Order to Show Cause by David Vesnovskiy. (Stevens, Jane) (Entered: 06/29/2006)

June 29, 2006
8

AFFIDAVIT of Vyacheslav Volosikov by Vyacheslav Volosikov. (Stevens, Jane) (Entered: 06/29/2006)

June 29, 2006
9

AFFIDAVIT of Shehata Awad Ibrahim in Support of Order to Show Cause by Shehata Awad Ibrahim. (Stevens, Jane) (Entered: 06/29/2006)

June 29, 2006
10

AFFIDAVIT of Deborah Berkman in Support of Order to Show Cause by Raisa Yakubova. (Stevens, Jane) (Entered: 06/29/2006)

June 29, 2006
12

NOTICE of Appearance by Deborah Berkman on behalf of all plaintiffs (Berkman, Deborah) (Entered: 06/30/2006)

June 30, 2006

Email Notification Test − DO NOT REPLY (Fernandez, Erica) (Entered: 06/30/2006)

June 30, 2006

Judge Edward R. Korman added. Judge Frederic Block no longer assigned to case. (Brown, Marc) (Entered: 06/30/2006)

June 30, 2006
13

AFFIDAVIT OF SERVICE OF SUMMONS AND COMPLAINT by Raisa Yakubova. (Berkman, Deborah) (Entered: 07/06/2006)

July 6, 2006
14

AFFIDAVIT AFFIRMATION OF SERVICE OF SUMMONS AND COMPLAINT by Raisa Yakubova. (Berkman, Deborah) (Entered: 07/06/2006)

July 6, 2006
15

Letter dated 7/5/06 from Scott Dunn to Judge Korman, requesting that the Order to Show Cause be set for 7/27/06 at 2:00, or another date and time near that date convenient to the court. (Piper, Francine) (Entered: 07/19/2006)

July 19, 2006
16

MEMORANDUM in Opposition TO PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION AND FOR CLASS CERTIFICATION by Michael Chertoff. (Dunn, Scott) (Entered: 07/31/2006)

July 31, 2006
17

AFFIDAVIT in Opposition DECLARATION OF GLEN ANDREW SCOTT by Michael Chertoff. (Dunn, Scott) (Entered: 07/31/2006)

July 31, 2006
18

AFFIDAVIT in Opposition DECLARATION OF MICHAEL A. CANNON by Michael Chertoff. (Dunn, Scott) (Entered: 07/31/2006)

July 31, 2006
19

AFFIDAVIT in Opposition DECLARATION OF MARY ANN GANTNER by Michael Chertoff. (Dunn, Scott) (Entered: 07/31/2006)

July 31, 2006
20

Letter withdrawing request for preliminary injunction and requesting adjournment of that part of plaintiffs' Order to Show Cause regarding class certification by Raisa Yakubova. (Berkman, Deborah) (Entered: 08/02/2006)

Aug. 2, 2006
21

Letter regarding scheduling by Raisa Yakubova. (Berkman, Deborah) (Entered: 08/08/2006)

Aug. 8, 2006
22

Letter dated 8/2/06 from Jane Greengold Stevens to Judge Korman, writing to inform the court that as a result of successful negotiations, pltfs. withdraw without prejudice to renew their request for a preliminary injunction. (Greene, Donna) (Entered: 08/10/2006)

Aug. 10, 2006
23

MEMORANDUM in Support MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS AND IN OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION by Michael Chertoff. (Dunn, Scott) (Entered: 09/01/2006)

Sept. 1, 2006
24

AFFIDAVIT in Support DECLARATION OF GWYNNE K. MacPHERSON by Michael Chertoff. (Dunn, Scott) (Entered: 09/01/2006)

Sept. 1, 2006
25

AFFIDAVIT in Support SUPPLLEMENTAL DECLARATION OF MICHAEL A. CANNON by Michael Chertoff. (Dunn, Scott) (Entered: 09/01/2006)

Sept. 1, 2006
26

MEMORANDUM in Opposition to Defendants Motion to Dismiss and in Further Support of Plaintiffs' Motion for Class Certification by all plaintiffs. (Hickey, Caroline) (Entered: 09/22/2006)

Sept. 22, 2006
27

NOTICE by Michael Chertoff NOTICE OF MOTION (Dunn, Scott) (Entered: 10/06/2006)

Oct. 6, 2006
28

REPLY in Support REPLY MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS by Michael Chertoff. (Attachments: # 1 Attachment)(Dunn, Scott) (Entered: 10/06/2006)

Oct. 6, 2006
29

Letter by Michael Chertoff. (Attachments: # 1)(Dunn, Scott) (Entered: 10/18/2006)

Oct. 18, 2006
30

Minute Entry for proceedings held before Edward R. Korman : Motion Conference held on 10/26/2006. Argument heard. Decision entered on the record. Written order to issue. (Court Reporter Loan Hong.) (Piper, Francine) (Entered: 11/01/2006)

Oct. 26, 2006
31

ORDER denying 3 Motion for Preliminary InjunctionThe defendants? motion to dismiss is denied except as to plaintiff Shehata Awadibrahim, as to whom the motion is granted without prejudice due to his imminent naturalization by CIS. The plaintiffs? motion for class certification and defendants? motion to sever the action are denied as premature without prejudice to renewal after the completion of discovery. . Ordered by JudgeEdward R. Korman on Nov. 1, 2006. (Korman, Edward) (Entered: 11/02/2006)

Nov. 2, 2006
32

SCHEDULING ORDER: Initial Conference set for 12/7/2006 12:00 PM in 13C South before Magistrate−Judge Roanne L. Mann. Ordered by Judge Roanne L. Mann on 11/02/06. (Maynard, Pat) (Entered: 11/02/2006)

Nov. 2, 2006
33

ORDER endorsed on letter dated 6/28/06 from Scott Dunn to Mag. Mann. The applicationis is granted. OSC on 7/27/06 at 3pm before J. Korman. Movant to notify all parties. Ordered by Judge Edward R. Korman on 7/7/06. (Greene, Donna) (Entered: 11/09/2006)

Nov. 9, 2006
34

ANSWER to Complaint by Michael Chertoff.(Dunn, Scott) (Entered: 11/21/2006)

Nov. 21, 2006
35

NOTICE of Appearance by Jason Parkin on behalf of all plaintiffs (Parkin, Jason) (Entered: 12/06/2006)

Dec. 6, 2006
36

Minute Entry for proceedings held before Roanne L. Mann : Initial Conference Hearing held on 12/7/2006. Fact discovery to be completed by 6/29/07. Next settlement conference scheduled for 7/31/07 at 2:00 p.m. (Maynard, Pat) (Entered: 12/07/2006)

Dec. 7, 2006
37

TRANSCRIPT of Civil Cause for Conference held on 10/26/06 before Judge Edward R. Korman. Court Reporter: Rosalie Lombardi. (Drayton, Lorraine) (Entered: 12/15/2006)

Dec. 15, 2006
38

STIPULATION AND CONFIDENTIALITY ORDER by Michael Chertoff (Dunn, Scott) (Entered: 02/27/2007)

Feb. 27, 2007
39

ORDER re 38 Stipulation filed by Michael Chertoff. This Court approves the Stipulation and Confidentiality Order. Ordered by Judge Roanne L. Mann on 02/28/07. (Maynard, Pat) (Entered: 03/01/2007)

March 1, 2007
40

Stipulation and Confidentiality order. Ordered by Judge Edward R. Korman on 3/1/07. C/M by Chambers. (DiLorenzo, Krista) (Entered: 03/02/2007)

March 2, 2007
41

Mail Returned as Undeliverable. Order sent to William Costigan, Esq. (DiLorenzo, Krista) (Entered: 03/02/2007)

March 2, 2007
42

STIPULATION − Supplemental Stipulation and Confidentiality Order by Michael Chertoff (Dunn, Scott) (Entered: 05/03/2007)

May 3, 2007
43

ORDER re 42 Stipulation filed by Michael Chertoff. SO−ORDERED. Ordered by Judge Roanne L. Mann on 05/04/07. (Maynard, Pat) (Entered: 05/04/2007)

May 4, 2007
44

Letter Requesting Extension of Discovery Deadlines by Raisa Yakubova (Berkman, Deborah) (Entered: 06/11/2007)

June 11, 2007
45

ORDER re 44 Letter filed by Raisa Yakubova. Application granted. Fact discovery is extended to 10/22/07. The 7/31/07 settlement conference is adjourned to 12/7/07 at 9:30 a.m. Ordered by Judge Roanne L. Mann on 06/12/07. (Maynard, Pat) (Entered: 06/12/2007)

June 12, 2007
46

Letter Requesting Extension of Discovery Deadlines by Raisa Yakubova (Berkman, Deborah) (Entered: 10/02/2007)

Oct. 2, 2007
48

CORRECTED ENDORSED ORDER re 47 Order. Letter filed by Raisa Yakubova. The parties' joint application to extend discovery is granted. The 12/7/07 settlement conference is adjourned to 5/30/08 at 10:00 a.m. Disregard docket #47.. Ordered by Judge Roanne L. Mann on 10/02/07. (Maynard, Pat) (Entered: 10/03/2007)

Oct. 3, 2007
49

STIPULATION to File an Amended Complaint by Raisa Yakubova, Emma Unguryan, Bella Vesnovskaya, David Vesnovskiy, Vyacheslav Volosikov, Shehata Awad Ibrahim (Parkin, Jason) (Entered: 11/13/2007)

Nov. 13, 2007
50

AMENDED COMPLAINT against all defendants, filed by Raisa Yakubova, Emma Unguryan, Bella Vesnovskaya, David Vesnovskiy, Vyacheslav Volosikov, Shehata Awad Ibrahim. (Parkin, Jason) (Entered: 11/13/2007)

Nov. 13, 2007
51

SO−ORDERED re 49 Stipulation To File An Amended Complaint filed by Vyacheslav Volosikov, Raisa Yakubova, Emma Unguryan, Bella Vesnovskaya, David Vesnovskiy, Shehata Awad Ibrahim. Ordered by Magistrate−Judge Roanne L. Mann on 11/14/07. (Maynard, Pat) (Entered: 11/14/2007)

Nov. 14, 2007
52

DEFENDANT'S ANSWER to 50 Amended Complaint by Michael Chertoff. (Dunn, Scott) (Entered: 12/06/2007)

Dec. 6, 2007
53

NOTICE by Michael Chertoff Defendant's Electronic Filing As Of December 6, 2007 (Dunn, Scott) (Entered: 12/07/2007)

Dec. 7, 2007
54

NOTICE of Appearance by Michael D. Sant 'Ambrogio on behalf of Raisa Yakubova, Emma Unguryan, Bella Vesnovskaya, David Vesnovskiy, Vyacheslav Volosikov, Shehata Awad Ibrahim (aty to be noticed) (Sant 'Ambrogio, Michael) (Entered: 12/20/2007)

Dec. 20, 2007
55

Letter to Honorable Roanne L. Mann in anticipation of the conference now scheduled in this matter for May 30, 2008 by Emilio Gonzalez, Mary Ann Gantner, Alberto Gonzales, Robert S. Mueller, Michael Chertoff (Attachments: # 1 FBI BP) (Dunn, Scott) (Entered: 05/27/2008)

May 27, 2008
56

Letter to Magistrate Judge Mann in advance of the conference scheduled for May 30, 2008 by Raisa Yakubova (Berkman, Deborah) (Entered: 05/29/2008)

May 29, 2008
57

Letter to Honorable Roanne L. Mann in response to plaintiffs' letter dated May 29, 2008 by Emilio Gonzalez, Mary Ann Gantner, Alberto Gonzales, Robert S. Mueller, Michael Chertoff (Attachments: # 1 E−mails) (Dunn, Scott) (Entered: 05/29/2008)

May 29, 2008
58

Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann:Settlement Conference held on 5/30/2008. Next status conference scheduled for 6/5/08 9:00 a.m. (by phone). (Maynard, Pat) (Entered: 05/30/2008)

May 30, 2008
59

Letter to Honorable Roanne L. Mann requesting adjournment by Michael Chertoff (Dunn, Scott) (Entered: 06/04/2008)

June 4, 2008
60

ORDER re 59 : Application granted, on consent. Tomorrow's conference is adjourned to 6/16/08 at 9:30 a.m. Ordered by Magistrate Judge Roanne L. Mann on 6/4/08. (Maynard, Pat) (Entered: 06/04/2008)

June 4, 2008
61

Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann:Status Conference and Telephone Conference held on 6/16/2008. The parties are close to settlement and are granted an additional week to resolve their remaining issues. Next telephonic status conference scheduled for 6/23/08 at 12:30 p.m. (Maynard, Pat) (Entered: 06/16/2008)

June 16, 2008
62

Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann:Telephone Conference held on 6/23/2008. At the parties' request, the Court schedules a follow−up settlement conference. The parties shall submit a status report by 6/25/08. Next settlement conference scheduled for 6/27/08 at 11:30 a.m. (Maynard, Pat) (Entered: 06/23/2008)

June 23, 2008
64

ENDORSED ORDER re 63 Letter filed by Raisa Yakubova. Application granted. Tomorrow's settlement conference is adjourned sine die. A telephonic status conference will be held on Wednesday, 7/2/08 at 12:15 p.m. Ordered by Magistrate Judge Roanne L. Mann on 06/26/08. (Maynard, Pat) (Entered: 06/26/2008)

June 26, 2008
65

Letter to Magistrate Judge Mann regarding telephone status conference by Raisa Yakubova (Berkman, Deborah) (Entered: 07/02/2008)

July 2, 2008
66

ENDORSED ORDER re 65 Letter filed by Raisa Yakubova. The parties have informed the Court that the case has settled and requests that the telephone conference scheduled for today be cancelled. The parties application is granted. Ordered by Magistrate Judge Roanne L. Mann on 07/02/08. (Maynard, Pat) (Entered: 07/02/2008)

July 2, 2008

Civil Case Terminated. It having been reported to the Court that the above action has been settled, it is ORDERED that the action is hereby discontinued, without prejudice to the right to reopen the action if the settlement is not consummated. Ordered by Senior Judge Edward R. Korman on July 3, 2008. (Susi, PaulaMarie) (Entered: 07/03/2008)

July 3, 2008
67

STIPULATION AND AGREEMENT OF RELEASE by Michael Chertoff (Dunn, Scott) (Entered: 07/07/2008)

July 7, 2008
68

STIPULATION AND AGREEMENT OF SETTLEMENT AND RELEASE. Ordered by Senior Judge Edward R. Korman on 7/8/08. (Greene, Donna) (Entered: 07/07/2008)

July 7, 2008

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: June 28, 2006

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Class of individuals residing in New York State who properly filed their papers to be naturalized in the United States and whose applications were not adjudicated within 120 days

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

United States Citizenship and Immigration Services, Federal

Federal Bureau of Investigation, Federal

Department of Homeland Security, Federal

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

Immigration/Border:

Constitutional rights

Legalization/Amnesty

U.S. citizenship - acquiring