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Case Name
A.B.T. v. U.S. Citizenship and Immigration Services
IM-WA-0019
Docket / Court
2:11-cv-02108-RAJ ( W.D. Wash. )
State/Territory
Washington
Case Type(s)
Immigration and/or the Border
Attorney Organization
American Immigration Council's Legal Action Center
Northwest Immigrant Rights Project (NWIRP)
Case Summary
On December 15, 2011, five asylum seekers filed this class-action lawsuit in the U.S. District Court for the Western District of Washington. The complaint challenged the practices of the United States Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review ( ...
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On December 15, 2011, five asylum seekers filed this class-action lawsuit in the U.S. District Court for the Western District of Washington. The complaint challenged the practices of the United States Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR). While awaiting determination on their asylum applications, asylum seekers could not legally work and support themselves. As a result, those asylum seekers still awaiting a decision after 180 days could obtain Employment Authorization Documents. However, the defendants' control of the time-calculation lacked transparency, according to the plaintiffs, and denied them of notice or opportunity to challenge the time calculations. This effectively denied them work authorization. The complaint claimed violations of the U.S. Constitution, the Immigration and Nationality Act (INA), the governing regulations, and the Administrative Procedure Act (APA). The plaintiffs sought class and subclass certification, declaratory and permanent injunctive relief, and attorneys' fees and costs. The case was assigned to Judge Richard Jones.
On June 5, 2012, plaintiffs submitted an amended complaint with a different list of ten asylum-seekers (all non-citizens living in different cities in the US).
The parties began mediation proceedings in July 2012. Extended settlement discussions ensued, and on April 12, 2013, the parties submitted a comprehensive settlement agreement that included a stipulation of class certification.
On April 17, 2013, the court granted parties' joint motion for class certification, establishing a 'general notice and review' class of individuals that met the following criteria:
1) all non-citizens in the US who have filed or will file a complete asylum application
2) which has neither been approved nor subjected to a denial for which no rights of review or appeal remain
3) whose applications for employment authorization based on their status as asylum applications had been or will be denied
4) whose eligibility for employment authorization based on pending asylum application will be determined in a manner alleged to provide insufficient notice/opportunity for review, and
5) who fall in one or more of the designated subclasses:
hearing
prolonged tolling
missed asylum interview,
remand
On May 8, 2013, the court preliminarily approved the parties' settlement agreement; and on November 4, 2013, it approved the final settlement and granted class counsel's attorneys' fees. The court also granted defendants' motion for an extension of the implementation date due to the government shutdown.
2013 WL 5913323
.
Under the settlement:
An applicant would be able to "lodge" an asylum application with an immigration court clerk at a time other than a hearing. The "lodged" date started the asylum EAD clock. (The asylum application still needed to be "filed" in a hearing before an Immigration Judge [IJ].)
IJs had to offer each non-detained asylum applicant whose case was on the expedited docket a hearing date at least 45 days out. If the applicant accepted that hearing date, the asylum EAD clock continued to run during the period before the hearing.
If the IJ had denied an application, but the Board of Immigration Appeals remanded a case to the IJ for reconsideration, the asylum clock would restart on the date of the remand, and would credit the number of days that the case was pending on appeal since the IJ denial.
Instead of definitively stopping the clock when an applicant missed a meeting, USCIS would mail a letter to asylum applicants who missed an asylum interview informing them of how missing an interview affects work authorization eligibility, and giving them 45 days to show good cause for having missed the interview.
When there was a preliminary hearing, the Immigration Court would provide written notice to asylum seekers and their counsel about the asylum clock, including the impact of the different hearing adjournment codes on employment authorization. IJs were instructed to state clearly on the record the reason for adjournment. USCIS considered ways to make its letters denying EAD applications clearer and made changes to these letters.
On December 18, 2014, Defendant Executive Office for Immigration Review submitted a report to the court regarding its order granting final approval of the class action settlement. The last activity on the docket was on April 21, 2017, when an individual filed notice to the court regarding status as a member of the class. Otherwise, as of October 2018 the case is closed.
Jennifer Bronson - 10/24/2013
Esther Vinarov - 10/19/2018
compress summary
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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Content of Injunction
Recordkeeping
Required disclosure
Defendant-type
Law-enforcement
General
Government Services (specify)
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Wait lists
Immigration/Border
Asylum - procedure
Employment
Work authorization - procedures
Plaintiff Type
Private Plaintiff
Causes of Action
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Case Details
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Defendant(s)
Executive Office for Immigration Review
U.S. Citizenship and Immigration Services
Plaintiff Description
Plaintiffs were asylum applicants in removal proceedings who applied for, but had not been granted, work authorization and who fell in one or more of the designated subclasses (hearing, prolonged tolling, missed asylum interview, remand)
Indexed Lawyer Organizations
American Immigration Council's Legal Action Center
Northwest Immigrant Rights Project (NWIRP)
Class action status sought
Yes
Class action status granted
Yes
Filed Pro Se
No
Prevailing Party
Plaintiff
Public Int. Lawyer
Yes
Nature of Relief
Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief
Settlement
Form of Settlement
Court Approved Settlement or Consent Decree
Filed
12/15/2011
Case Closing Year
2013
Case Ongoing
No
Additional Resources
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Documents
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Court
Docket(s)
W.D. Wash.
04/21/2017
2:11-cv-2108
IM-WA-0019-9000.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
not recorded
Frequently Asked Questions About the Asylum Clock Class Action Settlements
IM-WA-0019-0001.pdf
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Detail
W.D. Wash.
12/15/2011
Complaint for Injunctive and Declaratory Relief - Class Action [ECF# 1]
IM-WA-0019-0002.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wash.
06/05/2012
First Amended Complaint for Injunctive and Declaratory Relief - Class Action [ECF# 34]
IM-WA-0019-0003.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wash.
07/20/2012
Order Granting Plaintiff's Motion for a Protective Order [ECF# 40]
(2012 WL 2995064)
IM-WA-0019-0006.pdf
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WESTLAW
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Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wash.
04/17/2013
Order Granting Joint Motion for Class Certification [ECF# 54]
IM-WA-0019-0009.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wash.
05/06/2013
Settlement Agreement [ECF# 60-1]
IM-WA-0019-0005.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wash.
05/08/2013
Order [ECF# 61]
IM-WA-0019-0004.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wash.
11/04/2013
Order [ECF# 75]
(2013 WL 5913323)
IM-WA-0019-0007.pdf
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WESTLAW
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Detail
Source: Westlaw
W.D. Wash.
11/04/2013
Order Approving Class Action Settlement [ECF# 76]
IM-WA-0019-0008.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
People
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Judges
Jones, Richard A.
(W.D. Wash.)
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IM-WA-0019-0004 | IM-WA-0019-0006 | IM-WA-0019-0007 | IM-WA-0019-0008 | IM-WA-0019-0009 | IM-WA-0019-9000
Plaintiff's Lawyers
Adams, Matthew
(Washington)
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IM-WA-0019-0002 | IM-WA-0019-0003 | IM-WA-0019-0005 | IM-WA-0019-9000
Creighton, Emily J.
(District of Columbia)
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IM-WA-0019-0002 | IM-WA-0019-0003 | IM-WA-0019-0005 | IM-WA-0019-9000
Crow, Melissa E.
(District of Columbia)
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IM-WA-0019-0002 | IM-WA-0019-0003 | IM-WA-0019-0005 | IM-WA-0019-9000
Gibbs, Robert H.
(Washington)
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IM-WA-0019-0002 | IM-WA-0019-0003 | IM-WA-0019-0005 | IM-WA-0019-9000
Gomez, Iris
(Massachusetts)
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IM-WA-0019-0002 | IM-WA-0019-0003 | IM-WA-0019-0005 | IM-WA-0019-9000
Kenney, Mary
(District of Columbia)
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IM-WA-0019-0002 | IM-WA-0019-0003 | IM-WA-0019-0005 | IM-WA-0019-9000
Pauw, Robert
(Washington)
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IM-WA-0019-0002 | IM-WA-0019-0003 | IM-WA-0019-0005 | IM-WA-0019-9000
Strawn, Christopher
(Washington)
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IM-WA-0019-0002 | IM-WA-0019-0003 | IM-WA-0019-0005 | IM-WA-0019-9000
Theriot-Orr, Devin T.
(Washington)
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IM-WA-0019-9000
Defendant's Lawyers
Chan, Priscilla To-Yin
(Washington)
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IM-WA-0019-0005 | IM-WA-0019-9000
Delery, Stuart F.
(District of Columbia)
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IM-WA-0019-0005
Durkan, Jenny A
(Washington)
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IM-WA-0019-0005
Kisor, Colin A.
(District of Columbia)
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IM-WA-0019-0005
Kline, David J.
(District of Columbia)
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IM-WA-0019-0005
Weintraub, J. Max
(District of Columbia)
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IM-WA-0019-0005 | IM-WA-0019-9000
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