Case: Ahmadi v. Chertoff

3:07-cv-03455 | U.S. District Court for the Northern District of California

Filed Date: July 2, 2007

Closed Date: 2009

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Case Summary

On July 2, 2007, plaintiffs who had voluntarily dismissed their claims in a prior lawsuit styled Zhang v. Gonzales refiled their claims in a new case in the U.S. District Court California Northern District. The refiled case was styled Ahmadi v. Chertoff, 07-3455-WHA. Plaintiffs filed a first amended complaint on August 10, 2007. The Ahamdi amended complaint alleged that plaintiffs were all long-time lawful permanent residents of the United States whose naturalization applications had been pendi…

The Ahamdi amended complaint alleged that plaintiffs were all long-time lawful permanent residents of the United States whose naturalization applications had been pending for over two years with U.S. Citizenship and Immigration Services ("USCIS"), an agency of the Department of Homeland Security, awaiting the results of an "FBI name check." Plaintiffs asserted that the unreasonable delays caused by the FBI name check process violated the Administrative Procedures Act and the Due Process Clause of the Fifth Amendment. Plaintiffs sought a judicial determination of naturalization applications pursuant to 8 U.S.C. 1447(b), as well as other declaratory and injunctive relief. Attorneys with the Asian Law Caucus, the American Civil Liberties Union Foundation Immigrants Rights Project, the ACLU Foundation of Northern California, Inc. and the Council on American-Islamic Relations represented the plaintiffs.

Several of the plaintiffs subsequently dismissed their claims because their naturalization applications had been accepted or their FBI name checks were finally completed.

The U.S. denied the plaintiffs' allegations and moved to dismiss the case for lack of jurisdiction and failure to state a claim. Plaintiffs moved for class certification on September 5, 2007. Ruling on that motion was deferred until the Court ruled on the government's motions to dismiss.

On October 15, 2007, the District Court (Judge William H. Alsup) granted in part and denied in part the government's motion to dismiss. The Court refused to dismiss the case for lack of jurisdiction, but dismissed plaintiffs' claims under the Administrative Procedure Act and the Due Process Clause of the Fifth Amendment for failure to state a claim. Ahmadi v. Chertoff, 2007 WL 3022573 (N.D.Cal. Oct. 15, 2007).

In April 2008, the court granted the Plaintiffs permission to file a Third Amended Complaint, and denied class action status. On July 20, 2008, in response to Third Amended Complaint and upon Plaintiffs' motion, relief was granted in the form an Order for Voluntary Dismissal, Remand, and Dismissal of Claims. USCIS had failed to adjudicate Plaintiffs' applications with the 120-day time line, which, the Court found, began to run after their naturalization interviews, contrary to the government's contention that the 120 window for adjudication did not being until after the name-check was completed. One Plaintiff was dismissed as his claim had become moot, his application was accepted, and dismissal was necessary for him to take his oath of citizenship. Remand, the effective remedy, was granted to two Plaintiffs to USCIS for instructions do adjudicate their applications within the 120 day limit. The case was to remain open until such action was certified to the court, and required to be done so by August 18, 2008. Their applications were accepted the next day. Claims regarding the APA and a writ of mandamus compelling completion of background checks were dismissed as moot per Plaintiff's argument. The case was closed on August 4, 2008, after certification of adjudication of Plaintiffs' applications.

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Summary Authors

Dan Dalton (11/6/2007)

Carlos Torres (6/24/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4167862/parties/ahmadi-v-chertoff/

Judge(s)

Alsup, William Haskell (California)

Attorney for Plaintiff

Gallinger, Todd (California)

Guttentag, Lucas (California)

Ling, Sin Yen (California)

Attorney for Defendant

Katsas, Gregory George (District of Columbia)

Judge(s)

Alsup, William Haskell (California)

Attorney for Plaintiff

Gallinger, Todd (California)

Guttentag, Lucas (California)

Ling, Sin Yen (California)

Lyons, Christopher Joren (California)

Mass, Julia Harumi (California)

Schlosser, Alan Lawrence (California)

Wang, Cecillia D (California)

Attorney for Defendant

Katsas, Gregory George (District of Columbia)

Olsen, Edward A (California)

Robins, Jeffrey S (District of Columbia)

Russoniello, Joseph R. (California)

Stevens, Elizabeth Jones (District of Columbia)

Swanson, Joann M. (California)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:07-cv-03455	Docket (PACER)	Oct. 30, 2007	Oct. 30, 2007 Docket
14 3:07-cv-03455	First Amended Complaint []	Aug. 10, 2007	Aug. 10, 2007 Complaint
15 3:07-cv-03455	Stipulation of Dismissal of Claims of Plaintiffs Miao Ling Huang and Fu Zhong	Aug. 10, 2007	Aug. 10, 2007 Pleading / Motion / Brief
38 3:07-cv-03455	Opinion	Oct. 15, 2007	Oct. 15, 2007 Order/Opinion 2007 WL 2007
47 3:07-cv-03455	Second Amended Complaint for Declaratory and Injunctive Relief and Petition for Naturalization Pursuant to 8 U.S.C. § 1447(B)	Nov. 15, 2007	Nov. 15, 2007 Complaint
48 3:07-cv-03455	Defendants' Answer to Plaintiffs' Second Amended Complaint	Nov. 30, 2007	Nov. 30, 2007 Pleading / Motion / Brief
77 3:07-cv-03455	Rule 54(b) Judgment	April 25, 2008	April 25, 2008 Order/Opinion 2008 WL 2008
79 3:07-cv-03455	Third Amended Complaint Sayed v. Chertoff	May 15, 2008	May 15, 2008 Complaint
81 3:07-cv-03455	Defendants' Answer to Plaintiffs' Third Amended Complaint Sayed v. Chertoff	May 30, 2008	May 30, 2008 Pleading / Motion / Brief
97 3:07-cv-03455	Order: (1) Granting Plaintiff's Request for Voluntary Dismissal; (2) Granting in Part Defendants' Motion to Remand; and (3) Granting Plaintiff's Request to Dismiss Second and Third Claims as Moot Sayed v. Chertoff	July 18, 2008	July 18, 2008 Order/Opinion 2008 WL 2008

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4167862/ahmadi-v-chertoff/

Last updated April 17, 2024, 3:21 a.m.

ECF Number	Description	Date	Link Date / Link
1	CLASS ACTION COMPLAINT against Michael Chertoff, Robert S. Mueller, III, Alberto Gonzales, Emilio T. Gonzalez, David Still ( Filing fee $ 350, receipt number 34611007898.). Filed byYan Wang, Fu Zhong, Alia Ahmadi, Miao Ling Huang. (sis, COURT STAFF) (Filed on 7/2/2007) Additional attachment(s) added on 7/13/2007 (sis, COURT STAFF). (Entered: 07/03/2007)	July 2, 2007	July 2, 2007 RECAP
2	MOTION to Related Case. Case 07-503 SBA, filed by Yan Wang, Fu Zhong, Alia Ahmadi, Miao Ling Huang. (sis, COURT STAFF) (Filed on 7/2/2007) Additional attachment(s) added on 7/13/2007 (sis, COURT STAFF). (Entered: 07/03/2007)	July 2, 2007	July 2, 2007 RECAP
3	ADR SCHEDULING ORDER: Case Management Statement due by 10/4/2007. Case Management Conference set for 10/11/2007 11:00 AM. (sis, COURT STAFF) (Filed on 7/2/2007) (Entered: 07/03/2007)	July 2, 2007	July 2, 2007 RECAP
4	SUPPLEMENTAL ORDER TO ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE re 3 ADR Scheduling Order (Attachments: # 1 Standing Order)(sis, COURT STAFF) (Filed on 7/2/2007) (Entered: 07/03/2007) 1 Standing Order View on RECAP	July 2, 2007	July 2, 2007 RECAP
5	SUMMONS Returned Executed by Yan Wang, Fu Zhong, Alia Ahmadi, Miao Ling Huang. Michael Chertoff served on 7/2/2007, answer due 8/31/2007. (Wang, Cecillia) (Filed on 7/3/2007) Additional attachment(s) added on 7/19/2007 (sis, COURT STAFF). (Entered: 07/03/2007)	July 3, 2007	July 3, 2007 RECAP
6	SUMMONS Returned Executed by Yan Wang, Fu Zhong, Alia Ahmadi, Miao Ling Huang. Robert S. Mueller, III served on 7/2/2007, answer due 8/31/2007. (Wang, Cecillia) (Filed on 7/3/2007) Additional attachment(s) added on 7/19/2007 (sis, COURT STAFF). (Entered: 07/03/2007)	July 3, 2007	July 3, 2007 RECAP
7	SUMMONS Returned Executed by Yan Wang, Fu Zhong, Alia Ahmadi, Miao Ling Huang. Alberto Gonzales served on 7/2/2007, answer due 8/31/2007. (Wang, Cecillia) (Filed on 7/3/2007) Additional attachment(s) added on 7/19/2007 (sis, COURT STAFF). (Entered: 07/03/2007)	July 3, 2007	July 3, 2007 RECAP
8	SUMMONS Returned Executed by Yan Wang, Fu Zhong, Alia Ahmadi, Miao Ling Huang. Emilio T. Gonzalez served on 7/2/2007, answer due 8/31/2007. (Wang, Cecillia) (Filed on 7/3/2007) Additional attachment(s) added on 7/19/2007 (sis, COURT STAFF). (Entered: 07/03/2007)	July 3, 2007	July 3, 2007 RECAP
9	SUMMONS Returned Executed by Yan Wang, Fu Zhong, Alia Ahmadi, Miao Ling Huang. David Still served on 7/2/2007, answer due 8/31/2007. (Wang, Cecillia) (Filed on 7/3/2007) Additional attachment(s) added on 7/19/2007 (sis, COURT STAFF). (Entered: 07/03/2007)	July 3, 2007	July 3, 2007 RECAP
10	CERTIFICATE OF SERVICE by Yan Wang, Fu Zhong, Alia Ahmadi, Miao Ling Huang re Summons Issued as to USA, 4 SUPPLEMENTAL ORDER TO ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE, Case Referred to ECF, 3 ADR Scheduling Order, 1 Complaint, 2 MOTION to Related Case (Wang, Cecillia) (Filed on 7/3/2007) (Entered: 07/03/2007)	July 3, 2007	July 3, 2007 RECAP
11	NOTICE by Yan Wang, Fu Zhong, Alia Ahmadi, Miao Ling Huang AMENDED NOTICE OF RELATED CASE (Wang, Cecillia) (Filed on 7/12/2007) (Entered: 07/12/2007)	July 12, 2007	July 12, 2007 RECAP
12	NOTICE of Appearance by Elizabeth J. Stevens on behalf of all Defendants (Stevens, Elizabeth) (Filed on 7/31/2007) (Entered: 07/31/2007)	July 31, 2007	July 31, 2007 RECAP
13	NOTICE of Appearance by Jeffrey S. Robins (Robins, Jeffrey) (Filed on 7/31/2007) (Entered: 07/31/2007)	July 31, 2007	July 31, 2007 RECAP
14	AMENDED COMPLAINT against all defendants. Filed byAlia Ahmadi. (Wang, Cecillia) (Filed on 8/10/2007) (Entered: 08/10/2007)	Aug. 10, 2007	Aug. 10, 2007 RECAP
15	STIPULATION of Dismissal of Claims of Plaintiffs Miao Ling Huang and Fu Zhong by Alia Ahmadi. (Wang, Cecillia) (Filed on 8/10/2007) (Entered: 08/10/2007)	Aug. 10, 2007	Aug. 10, 2007 RECAP
16	MOTION to Dismiss filed by Michael Chertoff, Robert S. Mueller, III, Alberto Gonzales, Emilio T. Gonzalez, David Still. Motion Hearing set for 10/11/2007 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Attachments: # 1 Proposed Order)(Robins, Jeffrey) (Filed on 8/31/2007) (Entered: 08/31/2007) 1 Proposed Order View on RECAP	Aug. 31, 2007	Aug. 31, 2007 RECAP
17	Declaration of Jeffrey S. Robins in Support of 16 MOTION to Dismiss filed byMichael Chertoff, Robert S. Mueller, III, Alberto Gonzales, Emilio T. Gonzalez, David Still. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3# 4 Exhibit Attachment A)(Related document(s) 16 ) (Robins, Jeffrey) (Filed on 8/31/2007) (Entered: 08/31/2007) 1 Exhibit Exhibit 1 View on RECAP 2 Exhibit Exhibit 2 View on RECAP 3 Exhibit Exhibit 3 View on RECAP 4 Exhibit Attachment A View on RECAP	Aug. 31, 2007	Aug. 31, 2007 RECAP
18	EXHIBITS re 17 Declaration in Support, Attachment A filed byMichael Chertoff, Robert S. Mueller, III, Alberto Gonzales, Emilio T. Gonzalez, David Still. (Related document(s) 17 ) (Robins, Jeffrey) (Filed on 8/31/2007) (Entered: 08/31/2007)	Aug. 31, 2007	Aug. 31, 2007 RECAP
19	MOTION to Certify Class filed by Alia Ahmadi. Motion Hearing set for 10/11/2007 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Wang, Cecillia) (Filed on 9/5/2007) Modified on 1/18/2008 (sis, COURT STAFF). (Entered: 09/05/2007)	Sept. 5, 2007	Sept. 5, 2007 RECAP
20	Declaration of Helen Sterling in Support of 19 MOTION to Certify Class filed byAlia Ahmadi. (Related document(s) 19 ) (Wang, Cecillia) (Filed on 9/5/2007) (Entered: 09/05/2007)	Sept. 5, 2007	Sept. 5, 2007 RECAP
21	Declaration of Leona Kwon in Support of 19 MOTION to Certify Class filed byAlia Ahmadi. (Related document(s) 19 ) (Wang, Cecillia) (Filed on 9/5/2007) (Entered: 09/05/2007)	Sept. 5, 2007	Sept. 5, 2007 RECAP
22	Declaration of Sin Yen Ling in Support of 19 MOTION to Certify Class filed byAlia Ahmadi. (Related document(s) 19 ) (Wang, Cecillia) (Filed on 9/5/2007) (Entered: 09/05/2007)	Sept. 5, 2007	Sept. 5, 2007 RECAP
23	Declaration of Yumna Daimee in Support of 19 MOTION to Certify Class filed byAlia Ahmadi. (Related document(s) 19 ) (Wang, Cecillia) (Filed on 9/5/2007) (Entered: 09/05/2007)	Sept. 5, 2007	Sept. 5, 2007 RECAP
24	Proposed Order re 19 MOTION to Certify Class by Alia Ahmadi. (Wang, Cecillia) (Filed on 9/5/2007) (Entered: 09/05/2007)	Sept. 5, 2007	Sept. 5, 2007 RECAP
25	Ex Parte Application filed by Michael Chertoff, Robert S. Mueller, III, Alberto Gonzales, Emilio T. Gonzalez, David Still. (Robins, Jeffrey) (Filed on 9/10/2007) (Entered: 09/10/2007)	Sept. 10, 2007	Sept. 10, 2007 RECAP
26	ORDER by Judge Alsup granting in part and denying in part 25 Ex Parte Application (whalc1, COURT STAFF) (Filed on 9/12/2007) (Entered: 09/12/2007)	Sept. 12, 2007	Sept. 12, 2007 RECAP
27	MEMORANDUM in Support re 19 MOTION to Certify Class (Corrected Version) filed byAlia Ahmadi. (Attachments: # 1 Exhibit Exhibit A (CIS Table 23, cited in note 1))(Related document(s) 19 ) (Wang, Cecillia) (Filed on 9/12/2007) (Entered: 09/12/2007) 1 Exhibit Exhibit A (CIS Table 23, cited in note 1) View on RECAP	Sept. 12, 2007	Sept. 12, 2007 RECAP
28	ADR Certification (ADR L.R. 3-5b) of discussion of ADR options (Wang, Cecillia) (Filed on 9/20/2007) (Entered: 09/20/2007)	Sept. 20, 2007	Sept. 20, 2007 RECAP
29	NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Wang, Cecillia) (Filed on 9/20/2007) (Entered: 09/20/2007)	Sept. 20, 2007	Sept. 20, 2007 RECAP
30	Memorandum in Opposition re 16 MOTION to Dismiss filed byAlia Ahmadi. (Attachments: # 1 Exhibit A)(Wang, Cecillia) (Filed on 9/20/2007) (Entered: 09/20/2007) 1 Exhibit A View on RECAP	Sept. 20, 2007	Sept. 20, 2007 RECAP
31	REPLY to 30 Response to 16 Motion filed byMichael Chertoff, Robert S. Mueller, III, Alberto Gonzales, Emilio T. Gonzalez, David Still. (Attachments: # 1 Exhibit Attachment A# 2 Exhibit Attachment B)(Robins, Jeffrey) (Filed on 9/27/2007) Modified on 9/28/2007 (sis, COURT STAFF). (Entered: 09/27/2007) 1 Exhibit Attachment A View on RECAP 2 Exhibit Attachment B View on RECAP	Sept. 27, 2007	Sept. 27, 2007 RECAP
32	STIPULATION AND ORDER OF DISMISSAL OF CLAIMS OF PLAINTIFFS MIAO LING HUANG AND FU ZHONG. Signed by Judge Alsup on October 2, 2007. (whalc1, COURT STAFF) (Filed on 10/2/2007) (Entered: 10/02/2007)	Oct. 2, 2007	Oct. 2, 2007 RECAP
33	JOINT CASE MANAGEMENT STATEMENT filed by Alia Ahmadi. (Wang, Cecillia) (Filed on 10/4/2007) (Entered: 10/04/2007)	Oct. 4, 2007	Oct. 4, 2007 RECAP
34	Minute Entry: Initial Case Management Conference NOT held on 10/11/2007 before William Alsup (Date Filed: 10/11/2007), Motion Hearing held on 10/11/2007 before William Alsup (Date Filed: 10/11/2007) re 16 MOTION to Dismiss filed by Michael Chertoff, Alberto Gonzales, Emilio T. Gonzalez, Robert S. Mueller, III, David Still. (Court Reporter Sahar McVickar.) (dt, COURT STAFF) (Date Filed: 10/11/2007) (Entered: 10/11/2007)	Oct. 11, 2007	Oct. 11, 2007 RECAP
35	STIPULATION of Partial Dismissal of Claims of Plaintiffs Mikulicic, Petrovic, Taky and Wang by Alia Ahmadi. (Wang, Cecillia) (Filed on 10/11/2007) (Entered: 10/11/2007)	Oct. 11, 2007	Oct. 11, 2007 RECAP
36	CASE MANAGEMENT SCHEDULING ORDER: ORDER REFERRING CASE to Magistrate Judge Bernard Zimmerman for Settlement/Mediation. Bench Trial set for 9/22/2008 07:30 AM in Courtroom 9, 19th Floor, San Francisco. Pretrial Conference set for 9/15/2008 02:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge William Alsup on 10/11/2007. (whasec, COURT STAFF) (Filed on 10/11/2007) (Entered: 10/11/2007)	Oct. 11, 2007	Oct. 11, 2007 RECAP
37	STIPULATION AND ORDER OF PARTIAL DISMISSAL OF CLAIMS OF PLAINTIFFS VLADIMIR MIKULICIC, BILJANA PETROVIC, EIMAN TAKY, AND YAN WANG. Signed by Judge Alsup on October 12, 2007. (whalc1, COURT STAFF) (Filed on 10/12/2007) (Entered: 10/12/2007)	Oct. 12, 2007	Oct. 12, 2007 RECAP
38	ORDER by Judge Alsup granting in part and denying in part 16 Motion to Dismiss (whalc1, COURT STAFF) (Filed on 10/15/2007) (Entered: 10/15/2007)	Oct. 15, 2007	Oct. 15, 2007 RECAP
39	CLERK'S NOTICE REGARDING NOTICE OF RELATED CASES (lrc, COURT STAFF) (Filed on 10/16/2007) (Entered: 10/16/2007)	Oct. 16, 2007	Oct. 16, 2007 RECAP
40	STIPULATION to Take Class Certification Motion Off Calendar by Alia Ahmadi. (Mass, Julia) (Filed on 10/17/2007) (Entered: 10/17/2007)	Oct. 17, 2007	Oct. 17, 2007 RECAP
41	STIPULATION AND ORDER TO TAKE CLASS CERTIFICATION MOTION OFF CALENDAR. Signed by Judge Alsup on October 17, 2007. (whalc1, COURT STAFF) (Filed on 10/17/2007) (Entered: 10/17/2007)	Oct. 17, 2007	Oct. 17, 2007 RECAP
42	ORDER SCHEDULING SETTLEMENT CONFERENCE. Signed by Judge Bernard Zimmerman on 10/23/2007. (bzsec, COURT STAFF) (Filed on 10/23/2007) (Entered: 10/23/2007)	Oct. 23, 2007	Oct. 23, 2007 RECAP
43	SECOND AMENDED ORDER SCHEDULING SETTLEMENT CONFERENCE (CORRECTING TIME OF SETTLEMENT CONFERENCE). Signed by Judge Bernard Zimmerman on 10/23/2007. (bzsec, COURT STAFF) (Filed on 10/23/2007) (Entered: 10/23/2007)	Oct. 23, 2007	Oct. 23, 2007 RECAP
44	STIPULATION of Extension of Time to File Answer by Michael Chertoff, Robert S. Mueller, III, Alberto Gonzales, Emilio T. Gonzalez, David Still. (Olsen, Edward) (Filed on 10/29/2007) (Entered: 10/29/2007)	Oct. 29, 2007	Oct. 29, 2007 RECAP
45	STIPULATION [Corrected] Stipulation of Extension of Time to File Answer by Michael Chertoff, Robert S. Mueller, III, Alberto Gonzales, Emilio T. Gonzalez, David Still. (Olsen, Edward) (Filed on 10/29/2007) (Entered: 10/29/2007)	Oct. 29, 2007	Oct. 29, 2007 RECAP
46	STIPULATION AND ORDER FOR EXTENSION OF TIME TO FILE ANSWER. Signed by Judge Alsup on October 30, 2007. (whalc1, COURT STAFF) (Filed on 10/30/2007) (Entered: 10/30/2007)	Oct. 30, 2007	Oct. 30, 2007 RECAP
47	AMENDED COMPLAINT 2nd Amended Complaint against all defendants. Filed byAlia Ahmadi. (Mass, Julia) (Filed on 11/15/2007) (Entered: 11/15/2007)	Nov. 15, 2007	Nov. 15, 2007 RECAP
48	ANSWER to Amended Complaint byMichael Mukasey, Michael Chertoff, Robert S. Mueller, III, Emilio T. Gonzalez, David Still. (Robins, Jeffrey) (Filed on 11/30/2007) (Entered: 11/30/2007)	Nov. 30, 2007	Nov. 30, 2007 RECAP
49	MOTION for Entry of Judgment under Rule 54(b) filed by Alia Ahmadi. Motion Hearing set for 1/31/2008 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Wang, Cecillia) (Filed on 12/27/2007) (Entered: 12/27/2007)	Dec. 27, 2007	Dec. 27, 2007 RECAP
50	Proposed Order re 49 MOTION for Entry of Judgment under Rule 54(b) by Alia Ahmadi. (Wang, Cecillia) (Filed on 12/27/2007) (Entered: 12/27/2007)	Dec. 27, 2007	Dec. 27, 2007 RECAP
51	Memorandum in Opposition 49 to Plaintiffs' Motion for Entry of Partial Judgment Pursuant to Fed. R. Civ. P. 54(b) filed byMichael Mukasey, Michael Chertoff, Robert S. Mueller, III, Emilio T. Gonzalez, David Still. (Robins, Jeffrey) (Filed on 1/10/2008) Modified on 1/14/2008 (sis, COURT STAFF). (Entered: 01/10/2008)	Jan. 10, 2008	Jan. 10, 2008 RECAP
52	STIPULATION for Protective Order by Michael Mukasey, Michael Chertoff, Robert S. Mueller, III, Emilio T. Gonzalez, David Still. (Robins, Jeffrey) (Filed on 1/16/2008) (Entered: 01/16/2008)	Jan. 16, 2008	Jan. 16, 2008 RECAP
53	ORDER APPROVING STIPULATED PROTECTIVE ORDER SUBJECT TO STATED CONDITIONS. Signed by Judge Alsup on January 17, 2008. (whalc1, COURT STAFF) (Filed on 1/17/2008) (Entered: 01/17/2008)	Jan. 17, 2008	Jan. 17, 2008 RECAP
54	Reply Memorandum 49 in Support of Motion for Entry of Partial Judgment Pursuant to Fed. R. Civ. P. 54(B) filed byAlia Ahmadi. (Wang, Cecillia) (Filed on 1/17/2008) Modified on 1/18/2008 (sis, COURT STAFF). (Entered: 01/17/2008)	Jan. 17, 2008	Jan. 17, 2008 RECAP
55	Proposed Order 49 (Amended) and Entry of Partial Final Judgment Pursuant to Federal Rule of Civil Procedure 54(B) by Alia Ahmadi. (Wang, Cecillia) (Filed on 1/17/2008) Modified on 1/18/2008 (sis, COURT STAFF). (Entered: 01/17/2008)	Jan. 17, 2008	Jan. 17, 2008 RECAP
56	NOTICE by Alia Ahmadi (Amended) of Motion for Class Certification (Wang, Cecillia) (Filed on 1/17/2008) (Entered: 01/17/2008)	Jan. 17, 2008	Jan. 17, 2008 RECAP
57	ORDER SCHEDULING FURTHER SETTLEMENT CONFERENCE. Signed by Magistrate Judge Bernard Zimmerman on 1/29/2008. (bzsec, COURT STAFF) (Filed on 1/29/2008) (Entered: 01/29/2008)	Jan. 29, 2008	Jan. 29, 2008 RECAP
58	MOTION for Leave to File to File Surreply filed by Michael Mukasey, Michael Chertoff, Robert S. Mueller, III, Emilio T. Gonzalez, David Still. Motion Hearing set for 1/31/2008 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Attachments: # 1 Affidavit, # 2 Appendix)(Olsen, Edward) (Filed on 1/29/2008) (Entered: 01/29/2008) 1 Affidavit View on RECAP 2 Appendix View on RECAP	Jan. 29, 2008	Jan. 29, 2008 RECAP
59	JOINT CASE MANAGEMENT STATEMENT (Supplemental) filed by Alia Ahmadi. (Mass, Julia) (Filed on 1/30/2008) (Entered: 01/30/2008)	Jan. 30, 2008	Jan. 30, 2008 RECAP
60	ORDER GRANTING SUPPLEMENTAL JOINT STATEMENT re 59 Case Management Statement (Joint) filed by Alia Ahmadi. Motion for Partial Judgment and Motion for Class Certification Hearing set for 4/24/2008 08:00 AM. Signed by Judge William Alsup on 1/31/08. (dt, COURT STAFF) (Filed on 1/31/2008) (Entered: 01/31/2008)	Jan. 31, 2008	Jan. 31, 2008 RECAP
61	Minute Entry: Settlement Conference held. Further settlement conference scheduled. (Date Filed: 1/31/2008). (bzsec, COURT STAFF) (Date Filed: 1/31/2008) (Entered: 01/31/2008)	Jan. 31, 2008	Jan. 31, 2008 RECAP
62	Minute Entry: Motion Hearing held on 1/31/2008 before William Alsup (Date Filed: 1/31/2008) re 49 MOTION for Entry of Judgment under Rule 54(b) filed by Alia Ahmadi. (Court Reporter Sahar McVickar.) (dt, COURT STAFF) (Date Filed: 1/31/2008) (Entered: 01/31/2008)	Jan. 31, 2008	Jan. 31, 2008 RECAP
63	JOINT CASE MANAGEMENT STATEMENT (Amended Supplemental) filed by Alia Ahmadi. (Mass, Julia) (Filed on 2/1/2008) (Entered: 02/01/2008)	Feb. 1, 2008	Feb. 1, 2008 RECAP
64	STIPULATION of Dismissal by Alia Ahmadi. (Mass, Julia) (Filed on 2/15/2008) (Entered: 02/15/2008)	Feb. 15, 2008	Feb. 15, 2008 RECAP
65	STIPULATION AND ORDER OF PARTIAL DISMISSAL. Signed by Judge Alsup on February 19, 2008. (whalc1, COURT STAFF) (Filed on 2/20/2008) (Entered: 02/20/2008)	Feb. 20, 2008	Feb. 20, 2008 RECAP
66	MOTION to Amend/Correct for Leave to File Third Amended Complaint filed by Alia Ahmadi. Motion Hearing set for 4/17/2008 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Attachments: # 1 Exhibit Exhibit A - Proposed Third Amended Complaint)(Wang, Cecillia) (Filed on 3/13/2008) (Entered: 03/13/2008) 1 Exhibit Exhibit A - Proposed Third Amended Complaint View on RECAP	March 13, 2008	March 13, 2008 RECAP
67	Declaration of Cecillia D. Wang in Support of 66 MOTION to Amend/Correct for Leave to File Third Amended Complaint filed byAlia Ahmadi. (Attachments: # 1 Exhibit Exhibit A - Zhang v. Still, First Amended Complaint, # 2 Exhibit Exhibit B - Zhang v. Still, Defendants' Motion to Dismiss)(Related document(s) 66 ) (Wang, Cecillia) (Filed on 3/13/2008) (Entered: 03/13/2008) 1 Exhibit Exhibit A - Zhang v. Still, First Amended Complaint View on RECAP 2 Exhibit Exhibit B - Zhang v. Still, Defendants' Motion to Dismiss View on RECAP	March 13, 2008	March 13, 2008 RECAP
68	Declaration of Sin Yen Ling in Support of 66 MOTION to Amend/Correct for Leave to File Third Amended Complaint filed byAlia Ahmadi. (Related document(s) 66 ) (Wang, Cecillia) (Filed on 3/13/2008) (Entered: 03/13/2008)	March 13, 2008	March 13, 2008 RECAP
69	Renotice motion hearing filed byAlia Ahmadi. Motion Hearing set for 4/24/2008 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Wang, Cecillia) (Filed on 3/14/2008) (Entered: 03/14/2008)	March 14, 2008	March 14, 2008 RECAP
70	STIPULATION re 57 Order To Remove Mediation Conference Of March 26, 2008, From Calendar by Michael Mukasey, Michael Chertoff, Robert S. Mueller, III, Emilio T. Gonzalez, David Still. (Stevens, Elizabeth) (Filed on 3/21/2008) (Entered: 03/21/2008)	March 21, 2008	March 21, 2008 RECAP
71	STIPULATION AND ORDER. Signed by Magistrate Judge Bernard Zimmerman on 3/24/2008. (bzsec, COURT STAFF) (Filed on 3/24/2008) (Entered: 03/24/2008)	March 24, 2008	March 24, 2008 RECAP
72	Memorandum in Opposition re 66 MOTION to Amend/Correct for Leave to File Third Amended Complaint filed byMichael Mukasey, Michael Chertoff, Robert S. Mueller, III, Emilio T. Gonzalez, David Still. (Robins, Jeffrey) (Filed on 4/3/2008) (Entered: 04/03/2008)	April 3, 2008	April 3, 2008 RECAP
73	Memorandum in Opposition to Plaintiffs' Motion for Class Certification filed byMichael Mukasey, Michael Chertoff, Robert S. Mueller, III, Emilio T. Gonzalez, David Still. (Attachments: # 1 Exhibit A)(Robins, Jeffrey) (Filed on 4/3/2008) (Entered: 04/03/2008) 1 Exhibit A View on RECAP	April 3, 2008	April 3, 2008 RECAP
74	Reply Memorandum re 66 MOTION to Amend/Correct for Leave to File Third Amended Complaint filed byAlia Ahmadi. (Wang, Cecillia) (Filed on 4/10/2008) (Entered: 04/10/2008)	April 10, 2008	April 10, 2008 RECAP
75	Reply Memorandum in Support of Motion for Class Certification filed byAlia Ahmadi. (Wang, Cecillia) (Filed on 4/10/2008) (Entered: 04/10/2008)	April 10, 2008	April 10, 2008 RECAP
78	Minute Entry: Motion Hearing held on 4/24/2008 before William Alsup (Date Filed: 4/24/2008) re 49 MOTION for Entry of Judgment under Rule 54(b) filed by Alia Ahmadi, 66 MOTION to Amend/Correct for Leave to File Third Amended Complaint filed by Alia Ahmadi, 19 MOTION to Certify Class filed by Alia Ahmadi. (Court Reporter Kathy Wyatt.) (dt, COURT STAFF) (Date Filed: 4/24/2008) (Entered: 04/25/2008)	April 24, 2008	April 24, 2008 RECAP
76	ORDER: (1) GRANTING PLAINTIFFS MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT; (2) DENYING PLAINTIFFS MOTION FOR CLASS CERTIFICATION; AND (3) GRANTING PLAINTIFFS MOTION FOR RULE 54(b) JUDGMENT by Judge William Alsup [granting 66 Motion to Amend/Correct ; Plaintiffs is required to E-FILE the amended document]. (whasec, COURT STAFF) (Filed on 4/25/2008) (Entered: 04/25/2008)	April 25, 2008	April 25, 2008 RECAP
77	RULE 54(b) JUDGMENT for defendants and against plaintiffs Alia Ahmadi, Igor Ovchinnikov and Sergei Sapozhnikov. Signed by Judge William Alsup on 4/25/2008. (whasec, COURT STAFF) (Filed on 4/25/2008) (Entered: 04/25/2008)	April 25, 2008	April 25, 2008 RECAP
79	AMENDED COMPLAINT THIRD AMENDED COMPLAINT against all defendants. Filed byAmir Sayed. (Wang, Cecillia) (Filed on 5/15/2008) (Entered: 05/15/2008)	May 15, 2008	May 15, 2008 RECAP
80	MOTION to Dismiss in part, Remand in Part, and Strike in Part, Plaintiffs' Third Amended Complaint, filed by Michael Mukasey, Michael Chertoff, Robert S. Mueller, III, Emilio T. Gonzalez, David Still. Motion Hearing set for 7/10/2008 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Attachments: # 1 Exhibit Declaration of Randall Ricks, # 2 Exhibit FBI-USCIS Business Plan)(Robins, Jeffrey) (Filed on 5/30/2008) (Entered: 05/30/2008) 1 Exhibit Declaration of Randall Ricks View on RECAP 2 Exhibit FBI-USCIS Business Plan View on RECAP	May 30, 2008	May 30, 2008 RECAP
81	ANSWER to Amended Complaint Third Amended Complaint byMichael Mukasey, Michael Chertoff, Robert S. Mueller, III, Emilio T. Gonzalez, David Still. (Robins, Jeffrey) (Filed on 5/30/2008) (Entered: 05/30/2008)	May 30, 2008	May 30, 2008 RECAP
82	NOTICE OF APPEAL and REPRESENTATION STATEMENT as to 77 Judgment by Igor Ovchinnikov, Sergei Sapozhnikov, Alia Ahmadi. Filing fee $ 455. Receipt No. 34611020227. Appeal Record due by 7/14/2008. (sis, COURT STAFF) (Filed on 6/13/2008) Modified on 6/18/2008 (sis, COURT STAFF). Modified on 6/30/2008 (sis, COURT STAFF). Case No. 08-16443 (Entered: 06/18/2008)	June 13, 2008	June 13, 2008 RECAP
83	Copy of Notice of Appeal and Docket sheet mailed to all counsel (sis, COURT STAFF) (Filed on 6/18/2008) (Entered: 06/18/2008)	June 18, 2008	June 18, 2008 RECAP
84	STIPULATION to Continue Hearing on Motion to Dismiss by Amir Sayed. (Attachments: # 1 Declaration of Julia Harumi Mass ISO Stipulation to Continue Hearing)(Mass, Julia) (Filed on 6/19/2008) (Entered: 06/19/2008) 1 Declaration of Julia Harumi Mass ISO Stipulation to Continue Hearing View on RECAP	June 19, 2008	June 19, 2008 RECAP
85	STIPULATION AND ORDER TO CONTINUE HEARING ON MOTION TO DISMISS. Signed by Judge Alsup on June 20, 2008. (whalc2, COURT STAFF) (Filed on 6/20/2008) (Entered: 06/20/2008)	June 20, 2008	June 20, 2008 RECAP
86	Transcript Designation & Ordering Form for Proceedings Held on 10/11/2007 - [C/R: Sahar McVickar] & 4/24/2008 - [C/R: Kathy Wyatt] before Judge Alsup Filed by Plaintiffs. (tn, COURT STAFF) (Filed on 6/23/2008) (Entered: 06/25/2008)	June 23, 2008	June 23, 2008 RECAP
92	USCA Case Number 08-16443 Ninth Circuit for 82 Notice of Appeal, filed by Igor Ovchinnikov, Alia Ahmadi, Sergei Sapozhnikov. (sis, COURT STAFF) (Filed on 6/25/2008) (Entered: 06/30/2008)	June 25, 2008	June 25, 2008 RECAP
87	MEMORANDUM in Opposition re 80 MOTION to Dismiss in part, Remand in Part, and Strike in Part, Plaintiffs' Third Amended Complaint, filed byAmir Sayed. (Related document(s) 80 ) (Wang, Cecillia) (Filed on 6/26/2008) (Entered: 06/26/2008)	June 26, 2008	June 26, 2008 RECAP
93	TIME SCHEDULE ORDER of USCA as to 82 Notice of Appeal, filed by Igor Ovchinnikov, Alia Ahmadi, Sergei Sapozhnikov (sis, COURT STAFF) (Filed on 6/26/2008) (Entered: 07/02/2008)	June 26, 2008	June 26, 2008 RECAP
88	Declaration of Cecillia D. Wang in Support of 87 Memorandum in Opposition to Defendants' Motion to Dismiss in Part, to Remand in Part, and to Strike in Part filed byAmir Sayed. (Attachments: # 1 Exhibit A)(Related document(s) 87 ) (Wang, Cecillia) (Filed on 6/26/2008) Modified on 6/27/2008 (ewn, COURT STAFF). (Entered: 06/26/2008) 1 Exhibit A View on RECAP	June 26, 2008	June 26, 2008 RECAP
89	Declaration of Julia Harumi in Support of 87 Memorandum in Opposition to Defendants' Motion to Dismiss in Part, to Remand in Part, and to Strike in Part filed byAmir Sayed. (Related document(s) 87 ) (Wang, Cecillia) (Filed on 6/26/2008) Modified on 6/27/2008 (ewn, COURT STAFF). (Entered: 06/26/2008)	June 26, 2008	June 26, 2008 RECAP
90	Declaration of Biren Shah in Support of 87 Memorandum in Opposition to Defendants' Motion to Dismiss in Part, to Remand in Part, and to Strike in Part filed byAmir Sayed. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 87 ) (Wang, Cecillia) (Filed on 6/26/2008) (Entered: 06/26/2008) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP	June 26, 2008	June 26, 2008 RECAP
91	Proposed Order re 87 Memorandum in Opposition to Defendants' Motion to Dismiss in Part, to Remand in Part, and to Strike in Part by Amir Sayed. (Wang, Cecillia) (Filed on 6/26/2008) (Entered: 06/26/2008)	June 26, 2008	June 26, 2008 RECAP
94	Reply to Opposition re 80 MOTION to Dismiss in part, Remand in Part, and Strike in Part, Plaintiffs' Third Amended Complaint, filed byMichael Mukasey, Michael Chertoff, Robert S. Mueller, III, Emilio T. Gonzalez, David Still. (Attachments: # 1 Exhibit Second Declaration of Randall Ricks, # 2 Exhibit Declaration of Ted Quizon)(Robins, Jeffrey) (Filed on 7/3/2008) (Entered: 07/03/2008) 1 Exhibit Second Declaration of Randall Ricks View on RECAP 2 Exhibit Declaration of Ted Quizon View on RECAP	July 3, 2008	July 3, 2008 RECAP
95	CLERK'S NOTICE Rescheduling Motion Hearing Time. Motion Hearing set for 7/17/2008 02:00 PM in Courtroom 9, 19th Floor, San Francisco. (dt, COURT STAFF) (Filed on 7/11/2008) (Entered: 07/11/2008)	July 11, 2008	July 11, 2008 RECAP
96	Minute Entry: Motion re: Dfts' Motion to Dismiss, to Remand, and Strike Hearing held on 7/17/2008 before William Alsup (Date Filed: 7/18/2008). The Court takes the matter under submission. (Court Reporter Katherine Wyatt.) (fj, COURT STAFF) (Date Filed: 7/18/2008) (Entered: 07/18/2008)	July 18, 2008	July 18, 2008 RECAP
97	ORDER: (1) GRANTING PLAINTIFF'S REQUEST FOR VOLUNTARY DISMISSAL; (2) GRANTING IN PART DEFENDANTS' MOTION TO REMAND; AND (3) GRANTING PLAINTIFF'S REQUEST TO DISMISS SECOND AND THIRD CLAIMS AS MOOT by Judge William Alsup [granting in part and denying in part 80 Motion to Dismiss]. (whasec, COURT STAFF) (Filed on 7/18/2008) (Entered: 07/18/2008)	July 18, 2008	July 18, 2008 RECAP
98	Transcript of Proceedings held on 4-24-08, before Judge William Alsup. Court Reporter/Transcriber Katherine Wyatt, Telephone number 415-487-9834. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 10/27/2008. (kpw, COURT STAFF) (Filed on 7/30/2008) (Entered: 07/30/2008)	July 30, 2008	July 30, 2008 PACER
99	STATUS REPORT by Michael Mukasey, Robert S. Mueller, III, Emilio T. Gonzalez, David Still. (Attachments: # 1 Exhibit Declaration of Richard Valeika)(Robins, Jeffrey) (Filed on 7/30/2008) (Entered: 07/30/2008) 1 Exhibit Declaration of Richard Valeika View on RECAP	July 30, 2008	July 30, 2008 RECAP
100	Transcript of Proceedings held on 10/11/07, before Judge William Alsup. Court Reporter/Transcriber Sahar McVickar, Telephone number (415) 626-6060. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 10/30/2008. (McVickar, Sahar) (Filed on 8/4/2008) (Entered: 08/04/2008)	Aug. 4, 2008	Aug. 4, 2008 PACER

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Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 2, 2007

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs were individuals who had submitted naturalization applications to USCIS, and who met all statutory requirements for naturalization, but whose naturalization applications were not adjudicated within 120 days of the date of their initial exam. Class action was denied.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

ACLU of Northern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

U.S.Bureau of Citizenship and Immigration Services (“CIS”), Federal