On April 17, 2014, a group of immigrants awaiting "reasonable fear" determinations (part of the process of seeking relief from deportation for people who fear persecution in their home country) filed this class action lawsuit in the United States District Court for the Northern District of California under the Administrative Procedure Act ("APA") and the Mandamus and Venue Act of 1962 against the United States Citizenship and Immigration Services ("USCIS"). The plaintiffs, represented by the ACLU of Southern California, the ACLU of Northern California, the National Immigrant Justice Center, and private counsel, asked the court for injunctive relief, claiming that USCIS is violating plaintiffs' rights under the APA and federal regulations. Specifically, plaintiffs claimed that USCIS does not conduct timely reasonable fear determinations, which are mandated to be completed within 10 days of referral to USCIS.

On July 17, 2014, the defendants moved to dismiss under Rule 12(b)(1) and (6), arguing that the named Plaintiffs' individual claims are now moot as all five named Plaintiffs have now received reasonable fear determinations, and that the 10-day period is "only a non-binding internal processing goal, not a mandatory deadline that confers enforceable rights on aliens." Plaintiffs filed their opposition on August 18, 2014, responding that the claims of the putative class are inherently transitory and strongly rebuking defendants' claims of the "aspirational" nature of the 10-day period.

On November 21, 2014, the Court denied the defendants' motion to dismiss, and further granted the plaintiff's motion for class certification. Settlement discussions then began, and on August 20, 2015, the Court approved a preliminary class action settlement pending a fairness hearing. On October 27, 2015, the Court approved the final settlement and attorneys' fees and costs of $327,047.66. Under the settlement, USCIS must meet a goal of making a reasonable fear determination with an average of 10 days, and not in excess of 20 days. The settlement also included provisions to ensure compliance; it was scheduled to last for 5 years after its approval.

Dan Whitman - 09/20/2014
Virginia Weeks - 10/25/2016


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