University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Service Employees International Union, et. al v. Chertoff IM-OR-0003
Docket / Court 3:07-cv-01286-MO ( D. Or. )
State/Territory Oregon
Case Type(s) Immigration
Case Summary
On August 28, 2007, the Service Employees International Union and the Northwest Treeplanters and Farmworkers United filed suit in the U.S. District Court for the District of Oregon to challenge the newly effective fee schedule that applied to applications made under the federal immigration laws. ... read more >
On August 28, 2007, the Service Employees International Union and the Northwest Treeplanters and Farmworkers United filed suit in the U.S. District Court for the District of Oregon to challenge the newly effective fee schedule that applied to applications made under the federal immigration laws. The 2007 fee rule, which became effective on July 31, 2007, increased fees charged for all adjudication and naturalization services. Plaintiffs maintained that the 2007 fee rule was unlawful in that it charged fees in excess of the actual governmental costs of providing immigration services.

Plaintiffs were represented by the Northwest Immigrant Rights Project and the Immigrant Law Group LLP. The Complaint alleged violations of the Immigration and Nationality Act, 8 U.S.C. § 1151, §1255; Administration Procedure Act, 5 U.S.C. § 701 and requested declaratory and injunctive relief.

Defendants moved to dismiss plaintiffs' amended complaint on December 21, 2007. The court (Judge Michael W. Mosman) granted in part and denied in part defendants' motion. On November 6, 2008, the court dismissed the case with prejudice after defendants filed an unopposed motion to dismiss the surviving claims.

Dan Dalton - 09/18/2007
Jennifer Bronson - 11/27/2013


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Issues and Causes of Action
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Issues
Immigration
Admission - procedure
Status/Classification
U.S. citizenship - acquiring
Work authorization - criteria
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) Department of Homeland Security
United States Citizenship and Immigration Services
Plaintiff Description Service Employees International Union, a labor union
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Unknown
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2008
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)
3:07-cv-01286-MO (D. Or.) 11/17/2008
IM-OR-0003-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief 08/27/2007
IM-OR-0003-0001 PDF | Detail
First Amended Complaint for Declaratory and Injunctive Relief 11/19/2007
IM-OR-0003-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Mosman, Michael W. (FISC, D. Or.)
IM-OR-0003-9000
Monitors/Masters None on record
Plaintiff's Lawyers Adams, Matthew (Washington)
IM-OR-0003-0001 | IM-OR-0003-0002 | IM-OR-0003-9000
Boell, Jessica M. (Oregon)
IM-OR-0003-0001 | IM-OR-0003-0002 | IM-OR-0003-9000
Manning, Stephen W. (Oregon)
IM-OR-0003-0001 | IM-OR-0003-0002 | IM-OR-0003-9000
Rotman, Jennifer M. (Oregon)
IM-OR-0003-0001 | IM-OR-0003-0002 | IM-OR-0003-9000
Defendant's Lawyers Brown, Adrian L. (Oregon)
IM-OR-0003-9000
Cox, James E. Jr. (Oregon)
IM-OR-0003-9000
Moore, Kathryn L. (District of Columbia)
IM-OR-0003-9000
Other Lawyers None on record

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