University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Aziz v. Gonzales IM-CA-0050
Docket / Court 2:06-cv-04791-PA ( C.D. Cal. )
State/Territory California
Case Type(s) Immigration
Attorney Organization ACLU Chapters (any)
ACLU National (all projects)
ACLU of Southern California
Case Summary
On August 1, 2006, the ACLU of Southern California, the ACLU Immigrants Rights Project and the Counsel on American-Islamic Relations, California Chapter, filed suit in the U.S. District Court for the Central District of California, seeking citizenship for ten legal permanent residents who had ... read more >
On August 1, 2006, the ACLU of Southern California, the ACLU Immigrants Rights Project and the Counsel on American-Islamic Relations, California Chapter, filed suit in the U.S. District Court for the Central District of California, seeking citizenship for ten legal permanent residents who had satisfied all the criteria for citizenship, but whose applications had not been acted upon by the U.S. Citizenship and Immigration Services for two years or more. Plaintiffs alleged that their applications were unreasonably delayed due to the performance of a background check known as a "name check" by the FBI, for which no completion deadlines were set. Plaintiffs sought declaratory and injunctive relief to force the government to adjudicate Plaintiffs' naturalization applications within 120 of their naturalization examinations.

Shortly thereafter, the parties settled the case. On January 8, 2007, the Court entered a stipulation and order, whereby the plaintiffs withdrew their class action allegations and their requests for class wide relief and the court dismissed the case. The U.S. Citizenship and Immigration Services agreed to adjudicate the named plaintiffs' naturalization applications within 10 or 30 days from the order. The parties subsequently resolved plaintiffs' claim for attorneys' fees.

Dan Dalton - 10/22/2007


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Issues and Causes of Action
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Issues
Immigration
U.S. citizenship - acquiring
Plaintiff Type
State Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) Department of Homeland Security
Department of Justice
FBI
U.S. Citizenship and Immigration Services
Plaintiff Description All person who have or will file applications for naturalization at the CIS office in LA, who have met all statutory requirements and whose application has not been adjudicated within 120 days of their initial examinations.
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU National (all projects)
ACLU of Southern California
Class action status sought Yes
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Order Duration not on record
Case Closing Year 2007
Case Ongoing No
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
2:06-cv-04791-PA (C.D. Cal.) 02/26/2007
IM-CA-0050-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief; Petitions for Naturalization 08/01/2006
IM-CA-0050-0001.pdf | Detail
Southern Californians Demand Citizenship After Excessive Delays 08/01/2006
IM-CA-0050-0002.pdf | Detail
Stipulation of Withdrawal of Class Allegations and Dismissal; Order Thereon 01/08/2007 (C.D. Cal.)
IM-CA-0050-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Anderson, Percy (C.D. Cal.)
IM-CA-0050-0003 | IM-CA-0050-9000
Monitors/Masters None on record
Plaintiff's Lawyers Guttentag, Lucas (California)
IM-CA-0050-9000
Natarajan, Ranjana (California)
IM-CA-0050-0001 | IM-CA-0050-0002 | IM-CA-0050-0003 | IM-CA-0050-9000
Rosenbaum, Mark Dale (California)
IM-CA-0050-9000
Wang, Cecillia D (California)
IM-CA-0050-0002 | IM-CA-0050-9000
Defendant's Lawyers Finn, Kevin B (California)
IM-CA-0050-9000
Stevens, Elizabeth Jones (District of Columbia)
IM-CA-0050-0003
Other Lawyers None on record

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