On August 2, 2007, a lawful permanent resident filed a lawsuit in the U.S. District Court for the Southern District of Texas against the United States Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS )challenging their failure to provide documentation of residency. The plaintiff alleged that defendants imposed unlawful demands on her attempt to renew her green card. She claimed this practice deprived her of her liberty and violated the Immigration and Nationality Act (8 USC 1304(d) and 8 USC 1229a(c)(3)) and related regulations. The complaint sought habeas, mandamus, injunctive, and declaratory relief.

In the first amended complaint, another plaintiff was added and the plaintiffs sought class certification. The plaintiffs, represented by private counsel, were long-term lawful permanent residents (LPRs) with expired or missing registration cards (I-551s). They sought to renew or replace their I-551s by filing I-90s and complying with USCIS's application requirements. They alleged that USCIS had converted the process by which new green cards are issued into an enforcement procedure. Rather than provide plaintiffs with evidence of their LPR status, defendants interrogated the plaintiffs about past criminal conduct and/or old deportation proceedings and ordered plaintiffs to produce documents.

On August 29, 2008, the parties came to a settlement agreement, and the court (Judge Randy Crane) dismissed the case on September 4, 2008. In the settlement, defendants agreed to pay $7,500 in attorneys fees. The parties agreed that with respect to the three named plaintiffs and interveners that defendants had satisfied all issues in the Second Amended Complaint and were making a good faith effort to resolve such issues with respect to member of the putative class. Plaintiffs agreed to dismiss their complaint and withdraw their motion for class certification.

Jennifer Bronson - 11/10/2013


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