University of Michigan Law School
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Case Name Northwest Immigrant Rights Project v. United States Citizenship and Immigration Services IM-WA-0025
Docket / Court 2:15-cv-00813-JLR ( W.D. Wash. )
State/Territory Washington
Case Type(s) Immigration
Case Summary
On May 22, 2015, noncitizens entitled to employment authorization and two non-profit legal services organizations that serve low-income immigrants, the Northwest Immigrants Rights Project ("NWIRP") and Advocates for Human Rights ("Organizational Plaintiffs"), filed this class action lawsuit in the ... read more >
On May 22, 2015, noncitizens entitled to employment authorization and two non-profit legal services organizations that serve low-income immigrants, the Northwest Immigrants Rights Project ("NWIRP") and Advocates for Human Rights ("Organizational Plaintiffs"), filed this class action lawsuit in the United States District Court for the Western District of Washington under 8 C.F.R. § 274a.13(a)(2), (d), 8 C.F.R. § 208.7(a), the Administrative Procedure Act, the Declaratory Judgment Act, and the Mandamus and Venue Act. The plaintiffs, represented by private counsel, the American Immigration Council, and NWIRP, challenged United States Citizenship and Immigration Services and United States Department of Homeland Security's (collectively, "Defendants") policies and practices of unlawfully delaying adjudication of applications for employment authorization and refusing to issue required interim employment authorization. The Individual Plaintiffs sought to represent the nationwide class of noncitizens who have filed or will file an application for employment authorization that was not or will not be adjudicated within the required regulatory timeframe. Plaintiffs sought declaratory and injunctive relief.

On July 24, 2015, Defendants filed a motion to stay summary judgment proceedings; why is unclear, because the motion is apparently sealed. Following that, on August 10, 2015, Defendants filed a Motion to Dismiss and a Response in Opposition to Plaintiffs' Motion for Class Certification under seal. The case is pending as of November 2, 2015.

Frances Hollander - 11/01/2015


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Issues and Causes of Action
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Issues
General
Government Services (specify)
Immigration
Employment
Work authorization - procedures
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Causes of Action Mandamus, 28 U.S.C. § 1361
Declaratory Judgment Act, 28 U.S.C. § 2201
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) Department of Homeland Security
United States Citizenship and Immigration Services
Plaintiff Description Noncitizens whose employment authorization requests were unlawfully delayed and nonprofit legal services organizations that serve low-income immigrants
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Pending
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)
2:15-cv-813 (W.D. Wash.) 09/11/2015
IM-WA-0025-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 05/22/2015
IM-WA-0025-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Robart, James L. (W.D. Wash.)
IM-WA-0025-9000
Monitors/Masters None on record
Plaintiff's Lawyers Crow, Melissa E. (District of Columbia)
IM-WA-0025-0001 | IM-WA-0025-9000
Dellon, Leslie K (District of Columbia)
IM-WA-0025-9000
Gibbs, Robert H. (Washington)
IM-WA-0025-0001 | IM-WA-0025-9000
Murdoch, Christina J. (Illinois)
IM-WA-0025-9000
Pauw, Robert (Washington)
IM-WA-0025-0001 | IM-WA-0025-9000
Pollock, Scott D (Illinois)
IM-WA-0025-0001 | IM-WA-0025-9000
Strawn, Christopher (Washington)
IM-WA-0025-0001 | IM-WA-0025-9000
Theriot-Orr, Devin T. (Washington)
IM-WA-0025-0001 | IM-WA-0025-9000
Van Der Hout, Marc (California)
IM-WA-0025-0001 | IM-WA-0025-9000
Weber, Kathryn R (Illinois)
IM-WA-0025-9000
Defendant's Lawyers None on record
Other Lawyers None on record

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