Filed Date: June 5, 2008
Closed Date: Nov. 25, 2008
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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.
Summary Authors
Perry Miska (3/24/2014)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5541328/parties/weaver-v-us-citizenship-and-immigration-services-uscis/
Galloni, Tania (Florida)
Gundrum, Mary (Wisconsin)
Little, Cheryl (Florida)
Dempsey, Christopher W. (District of Columbia)
Lee, Dexter (Florida)
Moreno, Federico A. (Florida)
See docket on RECAP: https://www.courtlistener.com/docket/5541328/weaver-v-us-citizenship-and-immigration-services-uscis/
Last updated Feb. 18, 2024, 3:17 a.m.
State / Territory: Florida
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: June 5, 2008
Closing Date: Nov. 25, 2008
Case Ongoing: No
Plaintiffs
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.
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Denied
Defendants
U.S. Citizenship and Immigration Services , Federal
Defendant Type(s):
Case Details
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.
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
General:
Access to lawyers or judicial system
Immigration/Border: