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Case Name Zhang v. Gonzales IM-CA-0055
Docket / Court 4:07-cv-00503-SBA ( N.D. Cal. )
State/Territory California
Case Type(s) Immigration
Case Summary
On January, 24, 2007, plaintiff Yinan Zhang filed a petition for hearing on naturalization application under the Immigration and Nationality Act, 8 U.S.C. § 1447(b) in the U.S. District Court California Northern District. The complaint was amended on February 8, 2007 to name additional plaintiffs ... read more >
On January, 24, 2007, plaintiff Yinan Zhang filed a petition for hearing on naturalization application under the Immigration and Nationality Act, 8 U.S.C. § 1447(b) in the U.S. District Court California Northern District. The complaint was amended on February 8, 2007 to name additional plaintiffs and to assert class action allegations. The amended complaint alleged that plaintiffs were all long-time lawful permanent residents of the United States whose naturalization applications had been pending for over two years with the U.S. Bureau of Citizenship and Immigration Services ("CIS"), awaiting the results of an "FBI name check." Plaintiffs asserted that the unreasonable delays caused by the "FBI name check" process violated the Administrative Procedure Act and the Due Process Clause of the Fifth Amendment. Plaintiffs sought declaratory and injunctive relief. Attorneys with the Asian Law Caucus, the American Civil Liberties Union Foundation Immigrants Rights Project, the ACLU Foundation of Northern California, Inc. and the Council on American-Islamic Relations represented the plaintiffs.

The government moved to dismiss the case.

On June 12, 2007 several named plaintiffs voluntarily dismissed their claims without prejudice, stating that plaintiff Zhang had decided to not to continue as a class representative and had retained new counsel to represent him individually. Those plaintiffs then filed a new lawsuit on July 2, 2007 which was styled Ahmadi v. Chertoff, 07-3455-WHA. See IM-CA-58 of this collection for proceedings in that case.

Zhang failed to respond to the government's motion to dismiss and the District Court (Judge Saundra Brown Armstrong) issued an order for Zhang to show cause why the case should not be dismissed for failure to prosecute. Zhang v. Still, 2007 WL 2126495 (N.D.Cal. 2007). Plaintiff Zhang failed to appear at the show cause hearing and Judge Armstrong dismissed the case without prejudice on September 5, 2007.

Dan Dalton - 11/06/2007


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Issues and Causes of Action
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Issues
Immigration
Constitutional rights
U.S. citizenship - acquiring
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) Federal Bureau of Investigation (FBI)
U.S. Bureau of Citizenship and Immigration Services (“CIS”)
U.S. Department of Homeland Security
Plaintiff Description All persons who have submitted naturalization applications to CIS, and who have met all statutory requirements for naturalization, and whose naturalization applications are not adjudicated within 120 days of the date of their initial exam.
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
Case Closing Year 2007
Case Ongoing No
Case Listing IM-CA-0058 : Ahmadi v. Chertoff (N.D. Cal.)
Docket(s)
4:07-cv-00503-SBA (N.D. Cal.)
IM-CA-0055-9000.pdf | Detail
Date: 09/05/2007
Source: PACER [Public Access to Court Electronic Records]
General Documents
First Amended Complaint for Declaratory and Injunctive Relief and Petition for Naturalization Pursuant to 8 U.S.C. § 1447(B)
IM-CA-0055-0001.pdf | Detail
Date: 02/08/2007
Joint Case Management Statement and Proposed Order [ECF# 28] (N.D. Cal.)
IM-CA-0055-0002.pdf | Detail
Date: 05/07/2007
Source: PACER [Public Access to Court Electronic Records]
Order to Show Cause (2007 WL 2126495) (N.D. Cal.)
IM-CA-0055-0004.pdf | WESTLAW | Detail
Date: 07/23/2007
Order [Re: Dismissal] [ECF# 41] (N.D. Cal.)
IM-CA-0055-0003.pdf | Detail
Date: 09/05/2007
Source: PACER [Public Access to Court Electronic Records]
Judges Armstrong, Saundra Brown (N.D. Cal.)
IM-CA-0055-0003 | IM-CA-0055-0004 | IM-CA-0055-9000
Plaintiff's Lawyers Gallinger, Todd (California)
IM-CA-0055-0001 | IM-CA-0055-9000
Guttentag, Lucas (California)
IM-CA-0055-0001 | IM-CA-0055-9000
Lebecki, Alexandre Nicholas (California)
IM-CA-0055-9000
Ling, Sin Yen (California)
IM-CA-0055-0001 | IM-CA-0055-9000
Lyons, Christopher Joren (California)
IM-CA-0055-0001 | IM-CA-0055-9000
Mass, Julia Harumi (California)
IM-CA-0055-0001 | IM-CA-0055-9000
Nonaka, Scott T (California)
IM-CA-0055-9000
Schlosser, Alan Lawrence (California)
IM-CA-0055-0001 | IM-CA-0055-9000
Solanki, Sandeep (California)
IM-CA-0055-9000
Wang, Cecillia D (California)
IM-CA-0055-0001 | IM-CA-0055-0002 | IM-CA-0055-9000
Defendant's Lawyers Olsen, Edward A (California)
IM-CA-0055-9000
Robins, Jeffrey S (District of Columbia)
IM-CA-0055-9000
Stevens, Elizabeth Jones (District of Columbia)
IM-CA-0055-9000

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