University of Michigan Law School
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Case Name Yakubova v. Chertoff IM-NY-0008
Docket / Court 1:06-cv-03203-ERK-RLM ( E.D.N.Y. )
State/Territory New York
Case Type(s) Immigration
Case Summary
On June 28, 2006, individuals residing in New York State who properly filed their immigration naturalization papers filed this class action lawsuit in the U.S. District Court for the Eastern District of New York. The plaintiffs sued the United States Citizenship and Immigration Services (CIS), ... read more >
On June 28, 2006, individuals residing in New York State who properly filed their immigration naturalization papers filed this class action lawsuit in the U.S. District Court for the Eastern District of New York. The plaintiffs sued the United States Citizenship and Immigration Services (CIS), alleging that the federal government had a custom and practice of failing to grant or deny the plaintiffs' applications for naturalization within 120 days of their initial examinations, and of unlawfully withholding and unreasonably delaying the adjudication of applications for naturalization. The plaintiffs alleged that in addition to not processing naturalization applications within 120 days, the government also failed to complete criminal background checks within a reasonable time, therefore denying them substantial and unique benefits of citizenship such as the right to vote, the right to obtain passports, and the right to file visa petitions for family members. The complaint asserted violations of the Immigration and Nationality Act, 8 U.S.C 1447(b), and the Administrative Procedure Act, 5 U.S.C. 706(1).

The plaintiffs, who were represented by attorneys for the New York Legal Assistance Group, requested a preliminary injunction and class certification. The government moved to dismiss the case and to sever the claims of the individual plaintiffs into separate cases.

The District Court (Judge Edward R. Korman) denied the defendants' motion to dismiss on November 2, 2006, except as to one plaintiff whose naturalization was to be granted by CIS. The Court also denied the plaintiffs' motion for class certification and the defendants' motion to sever as premature because discovery was not complete.

On July 3, 2008, the parties reached a settlement agreement. Under the terms of the agreement, the defendants agreed to adjudicate at least 90% of the naturalization applications that had been pending in the Eastern District of New York for at least 120 days on or before August 25, 2008. They further agreed to provide reports to the plaintiffs regarding the details of their actions before September 2, 2008.

This case is now closed.

Miles Chan - 07/21/2007
Allison Hight - 03/19/2016


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Issues and Causes of Action
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Issues
Immigration
Constitutional rights
Legalization/Amnesty
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) Department of Homeland Security
Federal Bureau of Investigation
United States Citizenship and Immigration Services
Plaintiff Description Class of individuals residing in New York State who properly filed their papers to be naturalized in the United States and whose applications were not adjudicated within 120 days
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Moot
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2008
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)
06-06-cv-03203-ERK-RLM (E.D.N.Y.) 07/07/2008
IM-NY-0008-9000.pdf | Detail
General Documents
Motion for Preliminary Injunction and Class Action Certification 06/29/2006
IM-NY-0008-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Complaint 06/29/2006
IM-NY-0008-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Response to Plaintiff's Motion for Injunction and Class Action Certification 07/31/2006
IM-NY-0008-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum in Support of Motion to Dismiss 09/01/2006 (E.D.N.Y.)
IM-NY-0008-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order 11/02/2006 (2006 WL 6589892) (E.D.N.Y.)
IM-NY-0008-0005.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint 11/13/2007
IM-NY-0008-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation and Agreement of Settlement and Release 07/07/2008
IM-NY-0008-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Korman, Edward Robert (E.D.N.Y.)
IM-NY-0008-0005 | IM-NY-0008-0006
Monitors/Masters None on record
Plaintiff's Lawyers Avrasina, Olga (New York)
IM-NY-0008-0001 | IM-NY-0008-0002
Berkman, Deborah (New York)
IM-NY-0008-0001 | IM-NY-0008-0002 | IM-NY-0008-0006 | IM-NY-0008-0007 | IM-NY-0008-9000
Drook , Helen (New York)
IM-NY-0008-0001 | IM-NY-0008-0002
Hickey, Caroline Jane (New York)
IM-NY-0008-0001 | IM-NY-0008-0002 | IM-NY-0008-9000
Matiychenko, Irina (New York)
IM-NY-0008-0001 | IM-NY-0008-0002 | IM-NY-0008-0007
Parkin, Jason (New York)
IM-NY-0008-0006 | IM-NY-0008-0007 | IM-NY-0008-9000
Pinkhasova, Elvira (New York)
IM-NY-0008-0001 | IM-NY-0008-0002
Sant'Ambrogio, Michael David (New York)
IM-NY-0008-9000
Schulman, Yisroel (New York)
IM-NY-0008-0006 | IM-NY-0008-0007
Stevens, Jane Greengold (New York)
IM-NY-0008-0001 | IM-NY-0008-0002 | IM-NY-0008-0006 | IM-NY-0008-0007 | IM-NY-0008-9000
Defendant's Lawyers Campbell, Benton J (New York)
IM-NY-0008-0006
Davis, Daniel J. (District of Columbia)
IM-NY-0008-0004 | IM-NY-0008-0004
Dunn, Scott (New York)
IM-NY-0008-0003 | IM-NY-0008-0004 | IM-NY-0008-0006 | IM-NY-0008-9000
Glaser, Sheri R. (District of Columbia)
IM-NY-0008-0006
Keisler, Peter D. (District of Columbia)
IM-NY-0008-0004
Kline, David J. (District of Columbia)
IM-NY-0008-0004
Mauskopf, Roslynn Renee (New York)
IM-NY-0008-0003 | IM-NY-0008-0004
Safavi, Nancy (District of Columbia)
IM-NY-0008-0006
Stevens, Elizabeth Jones (District of Columbia)
IM-NY-0008-0006
Other Lawyers None on record

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