University of Michigan Law School
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Case Name Weaver v. U.S. Citizenship and Immigration Services (USCIS) IM-FL-0023
Docket / Court 1:08-cv-21588-FAM ( S.D. Fla. )
State/Territory Florida
Case Type(s) Immigration
Case Summary
On June 5, 2008, several U.S. Lawful Permanent Residents filed a lawsuit in the Southern District of Florida against U.S. Citizenship and Immigration Services ("USCIS"), the Federal Bureau of Investigation ("FBI"), and the Attorney General's Office, under the Immigration and Nationality Act ("INA") ... read more >
On June 5, 2008, several U.S. Lawful Permanent Residents filed a lawsuit in the Southern District of Florida against U.S. Citizenship and Immigration Services ("USCIS"), the Federal Bureau of Investigation ("FBI"), and the Attorney General's Office, under the Immigration and Nationality Act ("INA") and the Administrative Procedure Act ("APA"). The plaintiffs, represented by the Florida Immigrant Advocacy Center and private counsel, sought declaratory judgment, injunctive relief, attorneys' fees, and approval of all of the plaintiffs' naturalization applications, alleging that the defendants had unlawfully and unreasonably delayed rendering a decision on the plaintiffs' naturalization applications.

The plaintiffs all had applications for naturalization (citizenship) that had been delayed for 2-4 years after they had completed their citizenship interviews. The plaintiffs argued that they met all of the statutory requirements of becoming a U.S. citizen and that federal law dictated that naturalization applications should be decided within 120 days. They also argued that federal law provided that where applicants met all legal requirements for naturalization, USCIS "shall grant" the application. As a result of the long delays in the adjudication of their applications, the plaintiffs claimed that they suffered hardship, such as anxiety over their immigration applications, prolonged family separations, ineligibility for certain employment opportunities or public benefits, and the exclusion from the political process due to their inability to vote.

On October 1, 2008, the plaintiffs filed their first amended complaint. On November 28, 2008, the District Court (Judge Federico A. Moreno) granted the defendants' motion to remand the plaintiffs' application back down to USCIS for adjudication. If the defendants failed to adjudicate the plaintiffs' applications within 90 days, then the plaintiffs would be able to refile their claim. The District Court also denied the motions for class certification and denied all other motions as moot.

Perry Miska - 03/24/2014


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Issues and Causes of Action
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Issues
Defendant-type
Law-enforcement
General
Access to lawyers or judicial system
Timeliness of case assignment
Wait lists
Immigration
Admission - procedure
U.S. citizenship - acquiring
Plaintiff Type
Private Plaintiff
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.
Defendant(s) U.S. Citizenship and Immigration Services
Plaintiff Description Plaintiffs are immigrants of different countries residing in Florida, each of whom have been waiting for a determination of their naturalization applications for over 2-6 years.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
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 n/a
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)
1:08-cv-21588 (S.D. Fla.) 01/06/2009
IM-FL-0023-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint - Class Action 06/05/2008
IM-FL-0023-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint - Class Action 08/01/2008
IM-FL-0023-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Defendants' Motion to Remand, Denying Motion for Class Certification, and Denying All Other Motions as Moot 11/24/2008 (2008 WL 5070299) (S.D. Fla.)
IM-FL-0023-0003.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Moreno, Federico A. (S.D. Fla.)
IM-FL-0023-0003 | IM-FL-0023-9000
Monitors/Masters None on record
Plaintiff's Lawyers Galloni, Tania (Florida)
IM-FL-0023-0001 | IM-FL-0023-0002 | IM-FL-0023-9000
Gundrum, Mary (Wisconsin)
IM-FL-0023-0001 | IM-FL-0023-0002 | IM-FL-0023-9000
Little, Cheryl (Florida)
IM-FL-0023-0001 | IM-FL-0023-0002 | IM-FL-0023-9000
Wahid, Khurrum (District of Columbia)
IM-FL-0023-0001 | IM-FL-0023-0002 | IM-FL-0023-9000
Defendant's Lawyers Dempsey, Christopher W. (District of Columbia)
IM-FL-0023-9000
Lee, Dexter (Florida)
IM-FL-0023-9000
Other Lawyers None on record

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