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Case Name Milanes v. Chertoff IM-NY-0043
Docket / Court 1:08-cv-02354-LMM ( S.D.N.Y. )
State/Territory New York
Case Type(s) Immigration
Case Summary
On March 6, 2008 attorneys with the Puerto Rican Legal Defense Fund and Education Fund and New York Legal Assistance Group filed a class action lawsuit against the Department of Homeland Security, USCIS, Attorney General of the U.S. and the FBI. in the U.S. District Court for the Southern District ... read more >
On March 6, 2008 attorneys with the Puerto Rican Legal Defense Fund and Education Fund and New York Legal Assistance Group filed a class action lawsuit against the Department of Homeland Security, USCIS, Attorney General of the U.S. and the FBI. in the U.S. District Court for the Southern District of New York (Foley Square Division), challenging the U.S. government’s failure to timely adjudicate applications for naturalization made in New York City District Office of the U.S. Citizenship and Immigration Services (“USCIS”). Plaintiffs sought declaratory and injunctive relief under the Administrative Procedure Act, 5 U.S.C. §§ 555(b), 551(13), 706(1) and 553, and the Immigration and Nationality Act § 336(b), codified at 8 U.S.C. § 1447(b).

Plaintiffs sought certification of a class consisting of: lawful permanent residents residing in the counties served by the New York City District Office of USCIS, who have submitted or will submit applications to be naturalized as U.S. citizens, and whose applications have not been or will not be adjudicated within 180 days of the date of submission, and on behalf of a sub-class composed of those members of the class who reside in the Southern District of New York and whose applications have not been or will not be adjudicated within 120 days of the date of their initial examinations.

On June 19, 2008, Defendants filed its motion to dismiss. On August 7, 2008, the District Court (Judge Lawrence M. McKenna) denied Plaintiffs' motions for a preliminary injunction and for class certification, and granted Defendants’ motion to dismiss. On August 19, 2008, Plaintiffs filed a motion for reconsideration, which the District Court denied on September 10, 2008.

Plaintiffs appealed to the U.S. Court of Appeals for the Second Circuit. On January 29, 2008, in a summary order, the Second Circuit vacated the judgments entered by the District Court on August 7 and September 10 of 2008, and remanded the case to the District Court for further proceedings consistent with the order.

The parties entered settlement negotiations after the case went back to the District Court. On September 20, 2010, the District Court (Judge Lawrence M. McKenna) entered a Stipulation and Order of Dismissal which specified that it would place the matter in abeyance until July 29, 2011, and if Plaintiffs have not sought reinstatement by July 29, 2011, pursuant to the Settlement Agreement dated September 17, 2010, the action would be dismissed with prejudice. The action was dismissed with prejudice as of July 29, 2011.

(Updated on 03/31/2012)

Xin Chen - 03/30/2012


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Issues and Causes of Action
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Issues
Immigration
U.S. citizenship - acquiring
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) Attorney General of the United States
Department of Homeland Security
Federal Bureau of Investigation
United States Citizenship and Immigration Services
Plaintiff Description Lawful permanent in New York who have submitted or will submit applications to be naturalized as United States citizens, and whose applications have not been or will not be adjudicated within 180 days.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party not on record
Public Int. Lawyer Yes
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement
Order Duration not on record
Case Closing Year 2011
Case Ongoing No
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
1:08-cv-02354-LMM (S.D.N.Y.) 07/11/2011
IM-NY-0043-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 03/06/2008
IM-NY-0043-0001 PDF | Detail
Defendants' Memorandum of Law in Support of Their Motion to Dismiss in Part and Remand in Part [. . .] 06/19/2008
IM-NY-0043-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum of Law in Support of Plaintiffs" Motion for Reconsideration [. . .] 08/19/2008
IM-NY-0043-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order 09/10/2008 (2008 WL 4219078) (S.D.N.Y.)
IM-NY-0043-0004 PDF | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Summary Order (Second Circuit) 01/29/2010 (354 Fed.Appx. 573)
IM-NY-0043-0005 PDF | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation and Order of Dismissal 09/20/2010 (S.D.N.Y.)
IM-NY-0043-0006 PDF | Detail
Document Source: Plaintiffs' counsel
Judges Cogan, Brian Mark (E.D.N.Y.)
IM-NY-0043-0005
Fox, Kevin N. (S.D.N.Y.) [Magistrate]
IM-NY-0043-9000
Hall, Peter W. (Second Circuit)
IM-NY-0043-0005
McKenna, Lawrence M. (S.D.N.Y.)
IM-NY-0043-0004 | IM-NY-0043-0006 | IM-NY-0043-9000
Raggi, Reena (E.D.N.Y., Second Circuit)
IM-NY-0043-0005
Monitors/Masters None on record
Plaintiff's Lawyers Berkman, Deborah (New York)
IM-NY-0043-0001
Chin, Jackson (New York)
IM-NY-0043-0001 | IM-NY-0043-0003 | IM-NY-0043-0006 | IM-NY-0043-9000
Hodes, Daniel B. (New York)
IM-NY-0043-0006
Maer, Foster (New York)
IM-NY-0043-0001 | IM-NY-0043-0003 | IM-NY-0043-0006 | IM-NY-0043-9000
Parkin, Jason (New York)
IM-NY-0043-0001 | IM-NY-0043-0003 | IM-NY-0043-9000
Perez, Jose-Luis (New York)
IM-NY-0043-0001 | IM-NY-0043-0003 | IM-NY-0043-0006 | IM-NY-0043-9000
Quinn, James W. (New York)
IM-NY-0043-0006
Sant'Ambrogio, Michael David (New York)
IM-NY-0043-0001 | IM-NY-0043-9000
Schulman, Yisroel (New York)
IM-NY-0043-0001 | IM-NY-0043-0003
Slack, Richard W. (New York)
IM-NY-0043-0003 | IM-NY-0043-0006
Stevens, Jane Greengold (New York)
IM-NY-0043-0001 | IM-NY-0043-0003 | IM-NY-0043-0006 | IM-NY-0043-9000
Zalka, Caroline Hickey (New York)
IM-NY-0043-0006
Defendant's Lawyers Bharara, Preetinder S. (New York)
IM-NY-0043-0006
Onozawa, Tomoko (New York)
IM-NY-0043-0006
Reddy, Kirti Vaidya (New York)
IM-NY-0043-0006
Yalen, Robert William (New York)
IM-NY-0043-0002 | IM-NY-0043-0006
Other Lawyers None on record

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