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Case Name Giammarco v. Beers IM-CT-0011
Docket / Court 3:13-cv-01670-VLB ( D. Conn. )
State/Territory Connecticut
Case Type(s) Immigration
Attorney Organization Jerome N. Frank Legal Services Organization (Yale)
Case Summary
On November 12, 2013, the plaintiff, a long-time legal resident of the United States and an Army veteran, filed a lawsuit in the United States District Court for the District of Connecticut. The lawsuit, filed against the Department of Homeland Security, its component agency, U.S. Citizenship and ... read more >
On November 12, 2013, the plaintiff, a long-time legal resident of the United States and an Army veteran, filed a lawsuit in the United States District Court for the District of Connecticut. The lawsuit, filed against the Department of Homeland Security, its component agency, U.S. Citizenship and Immigration Services, and the FBI, alleged violations of the Administrative Procedure Act and sought relief under the Mandamus Act.

The plaintiff's complaint states that he was brought to the United States from Italy in 1960 by his parents as a lawful permanent resident, enlisted in the Army in 1976, and after being honorably discharged, joined the National Guard and served from 1980-83. He filed a naturalization petition in 1982, which was delayed due to a pending criminal charge against him that was eventually dropped by the prosecutor. The plaintiff never received a letter requesting a copy of the certified disposition relating to the dropped charges, despite the fact that the Immigration and Naturalization Services (INS) records indicate such a letter was drafted. The FBI contacted the INS, saying that it could find no record of the disposition of the 1981 charges. There was no contact between the plaintiff and INS after 1982 and INS never completed adjudication of the plaintiff's naturalization petition. The plaintiff served short sentences in 1997 and 1999 for shoplifting and was convicted of other minor, non-violent offenses. On May 14, 2011, he was arrested by ICE agents, detained, and eventually deported in November 2012.

The plaintiff, represented by counsel from Yale Law School's clinic, Jerome N. Frank Legal Services, asked the Court to order U.S. Citizenship and Immigration Services (USCIS), which succeeded INS, to adjudicate the plaintiff's naturalization application, direct the FBI to complete all required background checks, and award attorneys' fees and costs. Specifically, the plaintiff claims that USCIS has a clear, nondiscretionary duty to timely adjudicate naturalization petitions and to notify petitioners of the disposition of their applications, and the failure to do so was a violation of the Administrative Procedure Act. Similarly, the plaintiff claimed that the FBI has a clear, non-discretionary duty to perform background checks on naturalization applicants.

On September 17, 2014, Judge Vanessa L. Bryant issued an order sua sponte dismissing the plaintiff's complaint for lack of subject matter jurisdiction. The dismissal was based on the court's interpretation of the plaintiff's complaint as a challenge to an order of removal and the Second Circuit ruling in Delgado v. Quarantillo, 643 F.3d 52, 55 (2d Cir. 2011), that District Courts are precluded from hearing direct and indirect challenges to removal orders (based on the REAL ID Act of 1995). The complaint was dismissed without prejudice and the court advised the plaintiff that he could file a motion to vacate the dismissal supported by a memorandum establishing that the District Court has jurisdiction.

On October 8, 2014, the plaintiff filed the Motion to Vacate invited by the district court, and on November 13, 2014, also filed an appeal to the United States Court of Appeals for the Second Circuit (docket number 14-4362).

As of April 17, 2015, the appeal is being held in abeyance pending the District Court's adjudication of the Motion to Vacate.

Claire Lally - 04/17/2015


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Issues and Causes of Action
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Issues
Defendant-type
Law-enforcement
General
Family reunification
Immigration
Deportation - judicial review
Deportation - procedure
Family
Plaintiff Type
Private Plaintiff
Causes of Action Mandamus, 28 U.S.C. § 1361
Administrative Procedure Act, 5 U.S.C. ยงยง 551 et seq.
Defendant(s) Department of Homeland Security
Federal Bureau of Investigation
Plaintiff Description Long-time US resident and Army Veteran from Italy.
Indexed Lawyer Organizations Jerome N. Frank Legal Services Organization (Yale)
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
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)
3:13-cv-01670-VLB (D. Conn.) 12/28/2014
IM-CT-0011-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 11/12/2013
IM-CT-0011-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Appellee's Status Report 03/31/2015
IM-CT-0011-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Bryant, Vanessa Lynne (D. Conn.)
IM-CT-0011-9000
Monitors/Masters None on record
Plaintiff's Lawyers Wishnie, Michael J. (Connecticut)
IM-CT-0011-0001 | IM-CT-0011-9000
Defendant's Lawyers Daly, Deirdre M. (Connecticut)
IM-CT-0011-0002
Ikari, Carolyn A. (Connecticut)
IM-CT-0011-0002 | IM-CT-0011-9000
Other Lawyers None on record

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