Case: De Dandrade v. U.S. Department of Homeland Security

1:17-cv-09604 | U.S. District Court for the Southern District of New York

Filed Date: Dec. 7, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 7, 2017, nine lawful permanent residents (LPRs) who were denied disability waivers as part of their naturalized citizenship applications and two organizations that assist LPRs who are seeking to become citizens filed this suit in the United States District Court for the Southern District of New York. The plaintiffs, represented by the Bronx Defenders and Bronx Legal Services, sued the United States Department of Homeland Security (“DHS”), the United States Citizenship and Immigratio…

On December 7, 2017, nine lawful permanent residents (LPRs) who were denied disability waivers as part of their naturalized citizenship applications and two organizations that assist LPRs who are seeking to become citizens filed this suit in the United States District Court for the Southern District of New York. The plaintiffs, represented by the Bronx Defenders and Bronx Legal Services, sued the United States Department of Homeland Security (“DHS”), the United States Citizenship and Immigration Services (“USCIS”), and directors of those agencies, challenging the defendants' process for adjudicating medical disability waiver requests during the citizen naturalization process. The plaintiffs alleged that the defendants' practices violated the Immigration and Nationality Act (“INA”), the Rehabilitation Act, the Administrative Procedure Act (“APA”), and the Due Process Clause of the Fifth Amendment of the U.S. Constitution by failing to operate a system that fairly implements the INA’s mandate that disabled applicants be granted waivers of the requirement that applicants for naturalization pass an English, history, and civics test. The plaintiffs sought declaratory relief and injunctive relief to ensure that the defendants fairly implement the INA's mandate. The case was assigned to Judge P. Kevin Castel and Magistrate Judge Kevin Nathaniel Fox.

LPRs applying for naturalization are ordinarily required to pass an English, history, and citizenship test. However, because the individual plaintiffs suffered from disabilities--such as Alzheimer’s disease, intellectual disability, Post-Traumatic Stress Disorder, and Major Depression--that made learning new information difficult, they applied for waivers that would exempt them from taking this test. The plaintiffs alleged that despite doctors attesting to the plaintiffs' disabilities and their inability to learn new information, defendants denied their waiver applications. Specifically, the plaintiffs asserted that the defendants denied these waiver applications based on inappropriate considerations, refused to explain the basis for denials of waivers, "subjected applicants to humiliation and emotional stress by requiring them to take the English and civics tests when they know applicants cannot pass, and failed to provide opportunities to challenge denials of waiver requests."

The immigration advocacy organization plaintiffs, who provide services to LPRs undergoing the naturalization process, alleged that their clients "who seek waivers of the test experience the same pattern of denials of meritorious requests, lack of notice, and failures to accommodate that the individual plaintiffs experienced," causing them to devote additional resources.

On April 20, 2018, the defendants filed a motion to dismiss for lack of subject-matter jurisdiction or for failure to state a claim upon which relief can be granted. The defendants contended that the plaintiff organizations did not have standing and that the statutory and constitutional claims brought by the plaintiffs were not sufficient.

By February 2019, all but two of the individual plaintiffs had their waivers approved as part of their naturalization applications.

On February 10, 2019, the plaintiffs filed a motion for a temporary restraining order (TRO), preliminary injunction, and leave to amend their complaint. After holding oral argument before the court on February 12, 2019, Judge Castel denied the plaintiffs' motion for the time being and ordered the defendants to file an opposition to the motion.

On the same day, Judge Castel issued an opinion and order granting the defendants' motion to dismiss the complaint for failure to state a claim upon which relief can be granted. Judge Castel concluded that the plaintiff organizations had established standing, based on the diversion of resources required to provide services, but held that they did not have “zone of interest” standing. Judge Castel further held that the availability of judicial review of denials of individual naturalization applications under the INA precluded the plaintiffs' "statutory and constitutional claims alleging a pattern and practice of misadjudications of waiver requests." Furthermore, Judge Castel found that the plaintiffs did not have an APA claim because they were not seeking review of a final agency decision and because they had "another 'adequate remedy' through the review process explicitly granted by the INA." Lastly, Judge Castel held that the plaintiffs' constitutional claims failed because they should have brought those claims through the avenues provided by the INA and that the Rehabilitation Act did not provide a private cause of action. 367 F.Supp.3d 174. Following the order to dismiss, Judge Castel issued a final judgment in favor of the defendants on April 3, 2019.

On April 12, 2019, the plaintiffs filed an appeal of the district court's order granting the motion to dismiss to the Second Circuit (Docket No. 19-1002). In December 2019, a Second Circuit panel (Circuit Judges Dennis Jacobs, Susan L. Carney, and Michael H. Park) heard oral argument on the appeal.

On September 15, 2020, the United States Court of Appeals for the Second Circuit affirmed the lower court's decision, holding that the plaintiffs had failed to exhaust their administrative remedies thus precluding them from action under the INA, APA, and Due Process Clause. Moya v. United States Department of Homeland Security, 975 F. 3d 120 (2d Cir. 2020). Moreover, the appellate court held that the organizational plaintiffs did not fall within the "zone of interests" of either the INA or Due Process Clause.

This case is ongoing.

Summary Authors

Aaron Gurley (3/13/2020)

Achutha Raman (10/20/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6597668/parties/de-dandrade-v-united-states-department-of-homeland-security/


Judge(s)

Carney, Susan Laura (Connecticut)

Castel, P. Kevin (New York)

Attorney for Plaintiff

Annobil, Jojo (New York)

Baumetz, Jason (Alaska)

Clarke, Christine (New York)

Attorney for Defendant

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Documents in the Clearinghouse

Document

1:17-cv-09604

Docket [PACER]

Nov. 6, 2020

Nov. 6, 2020

Docket
72

1:17-cv-09604

Opinion and Order

Feb. 15, 2019

Feb. 15, 2019

Order/Opinion

367 F.Supp.3d 367

0:19-cv-01002

Opinion

U.S. Court of Appeals for the Second Circuit

Sept. 15, 2020

Sept. 15, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6597668/de-dandrade-v-united-states-department-of-homeland-security/

Last updated March 5, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against L. Francis Cissna, Kirstjen M. Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Filing Fee $ 400.00, Receipt Number 0208-14448649)Document filed by Juana Jimenez, Project Citizenship, Daysi Moya, Eduvigis A. Del Rosario, Miguelina De La Cruz, Maria Vasquez, Chou Hang, Obdulia Ruiz, Soraya Frances De Dandrade, Youth Ministries for Peace and Justice, Marisol Ojeda De Nunez. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Noyes, Christopher) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
2

CIVIL COVER SHEET filed. (Noyes, Christopher) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
3

NOTICE OF APPEARANCE by Christopher D. Lamb on behalf of Soraya Frances De Dandrade, Miguelina De La Cruz, Marisol Ojeda De Nunez, Juana Jimenez, Daysi Moya, Obdulia Ruiz, Maria Vasquez, Youth Ministries for Peace and Justice. (Lamb, Christopher) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
4

REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: 1 Complaint,,. Document filed by Soraya Frances De Dandrade, Miguelina De La Cruz, Marisol Ojeda De Nunez, Eduvigis A. Del Rosario, Chou Hang, Juana Jimenez, Daysi Moya, Project Citizenship, Obdulia Ruiz, Maria Vasquez, Youth Ministries for Peace and Justice. (Noyes, Christopher) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
5

REQUEST FOR ISSUANCE OF SUMMONS as to Kirstjen M. Nielsen, re: 1 Complaint,,. Document filed by Soraya Frances De Dandrade, Miguelina De La Cruz, Marisol Ojeda De Nunez, Eduvigis A. Del Rosario, Chou Hang, Juana Jimenez, Daysi Moya, Project Citizenship, Obdulia Ruiz, Maria Vasquez, Youth Ministries for Peace and Justice. (Noyes, Christopher) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
6

REQUEST FOR ISSUANCE OF SUMMONS as to United States Citizenship and Immigration Services, re: 1 Complaint,,. Document filed by Soraya Frances De Dandrade, Miguelina De La Cruz, Marisol Ojeda De Nunez, Eduvigis A. Del Rosario, Chou Hang, Juana Jimenez, Daysi Moya, Project Citizenship, Obdulia Ruiz, Maria Vasquez, Youth Ministries for Peace and Justice. (Noyes, Christopher) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
7

REQUEST FOR ISSUANCE OF SUMMONS as to L. Francis Cissna, re: 1 Complaint,,. Document filed by Soraya Frances De Dandrade, Miguelina De La Cruz, Marisol Ojeda De Nunez, Eduvigis A. Del Rosario, Chou Hang, Juana Jimenez, Daysi Moya, Project Citizenship, Obdulia Ruiz, Maria Vasquez, Youth Ministries for Peace and Justice. (Noyes, Christopher) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
8

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kevin M. Yurkerwich to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14450866. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Soraya Frances De Dandrade, Miguelina De La Cruz, Marisol Ojeda De Nunez, Eduvigis A. Del Rosario, Chou Hang, Juana Jimenez, Daysi Moya, Project Citizenship, Obdulia Ruiz, Maria Vasquez, Youth Ministries for Peace and Justice. (Attachments: # 1 Declaration in Support of Motion, # 2 Certificate of Good Standing: California, # 3 Certificate of Good Standing: Massachusetts, # 4 Text of Proposed Order)(Yurkerwich, Kevin) Modified on 12/11/2017 (ma). (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
9

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Paloma Naderi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14451333. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Soraya Frances De Dandrade, Miguelina De La Cruz, Marisol Ojeda De Nunez, Eduvigis A. Del Rosario, Chou Hang, Juana Jimenez, Daysi Moya, Project Citizenship, Obdulia Ruiz, Maria Vasquez, Youth Ministries for Peace and Justice. (Attachments: # 1 Declaration in Support of Motion, # 2 Certificate of Good Standing: Massachusetts, # 3 Text of Proposed Order)(Naderi, Paloma) Modified on 12/11/2017 (ma). (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christopher Ronald Noyes. The following case opening statistical information was erroneously selected/entered: Cause of Action code 29:701; County code Bronx . The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1331; the County code has been modified to New York . (pc)

Dec. 8, 2017

Dec. 8, 2017

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (pc)

Dec. 8, 2017

Dec. 8, 2017

PACER

Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (pc)

Dec. 8, 2017

Dec. 8, 2017

PACER

Case Designated ECF. (pc)

Dec. 8, 2017

Dec. 8, 2017

PACER
10

ELECTRONIC SUMMONS ISSUED as to United States Department of Homeland Security. (pc) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

PACER
11

ELECTRONIC SUMMONS ISSUED as to Kirstjen M. Nielsen. (pc) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

PACER
12

ELECTRONIC SUMMONS ISSUED as to L. Francis Cissna. (pc) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

PACER
13

ELECTRONIC SUMMONS ISSUED as to United States Citizenship and Immigration Services. (pc) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 9 MOTION for Paloma Naderi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14451333. Motion and supporting papers to be reviewed by Clerk's Office staff., 8 MOTION for Kevin M. Yurkerwich to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14450866. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): WRONG PARTIES WERE SELECTED DURING THE FILING OF THE PRO HAC VICE.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma)

Dec. 11, 2017

Dec. 11, 2017

PACER
14

LETTER addressed to Judge P. Kevin Castel from Christopher R. Noyes dated December 15, 2017 re: Names of Certain Plaintiffs in Caption. Document filed by Project Citizenship.(Noyes, Christopher) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
15

MEMO ENDORSEMENT on re: 14 Letter filed by Project Citizenship. ENDORSEMENT: OK. Application Granted. (Signed by Judge P. Kevin Castel on 12/18/2017) (cf) (Entered: 12/18/2017)

Dec. 18, 2017

Dec. 18, 2017

PACER
16

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Project Citizenship.(Noyes, Christopher) (Entered: 12/19/2017)

Dec. 19, 2017

Dec. 19, 2017

PACER
17

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Youth Ministries for Peace and Justice.(Lamb, Christopher) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

PACER
18

FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 45 Notice) - NOTICE OF APPEARANCE by Theresa Dawn Lawson on behalf of Soraya Frances De Dandrade, Miguelina De La Cruz, Marisol Ojeda De Nunez, Eduvigis A. Del Rosario, Chou Hang, Juana Jimenez, Daysi Moya, Project Citizenship, Inc., Obdulia Ruiz, Maria Vasquez, Youth Ministries for Peace and Justice, Inc.. (Lawson, Theresa) Modified on 3/26/2018 (db). Modified on 5/2/2018 (db). (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER
19

MOTION for Felicia H. Ellsworth to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14505964. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Eduvigis A. Del Rosario, Project Citizenship, Inc.. (Attachments: # 1 Declaration in Support of Motion, # 2 Certificate of Good Standing Massachusetts, # 3 Text of Proposed Order)(Ellsworth, Felicia) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER
20

MOTION for Kevin M. Yurkerwich to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Eduvigis A. Del Rosario, Project Citizenship, Inc.. (Attachments: # 1 Declaration in Support of Motion, # 2 Certificate of Good Standing Massachusetts, # 3 Certificate of Good Standing California, # 4 Text of Proposed Order)(Yurkerwich, Kevin) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER
21

MOTION for Paloma Naderi to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Eduvigis A. Del Rosario, Project Citizenship, Inc.. (Attachments: # 1 Declaration in Support of Motion, # 2 Certificate of Good Standing Massachusetts, # 3 Text of Proposed Order)(Naderi, Paloma) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 20 MOTION for Kevin M. Yurkerwich to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., 21 MOTION for Paloma Naderi to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., 19 MOTION for Felicia H. Ellsworth to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14505964. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Dec. 22, 2017

Dec. 22, 2017

PACER
22

NOTICE OF APPEARANCE by Chavi Keeney Nana on behalf of Eduvigis A. Del Rosario, Project Citizenship, Inc.. (Nana, Chavi) (Entered: 12/22/2017)

Dec. 22, 2017

Dec. 22, 2017

PACER
23

MOTION for Jason Baumetz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14515510. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Chou Hang. (Attachments: # 1 Affidavit support motion pro hac vice, # 2 Text of Proposed Order, # 3 Exhibit Certificate of Good Standing (AK), # 4 Exhibit Certificate of Good Standing (HI))(Baumetz, Jason) (Entered: 12/26/2017)

Dec. 26, 2017

Dec. 26, 2017

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 23 MOTION for Jason Baumetz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14515510. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Dec. 27, 2017

Dec. 27, 2017

PACER
24

ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/30/2018 at 10:45 AM in Courtroom 11D, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel, and as further set forth in this Order. (Signed by Judge P. Kevin Castel on 12/27/2017) (rjm) (Entered: 12/28/2017)

Dec. 27, 2017

Dec. 27, 2017

PACER
25

ORDER granting 19 Motion for Felicia H. Ellsworth to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.) (Entered: 01/02/2018)

Jan. 2, 2018

Jan. 2, 2018

PACER
26

ORDER granting 20 Motion for Kevin M. Yurkerwich to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.) (Entered: 01/02/2018)

Jan. 2, 2018

Jan. 2, 2018

PACER
27

ORDER granting 21 Motion for Paloma Naderi to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.) (Entered: 01/02/2018)

Jan. 2, 2018

Jan. 2, 2018

PACER
28

ORDER granting 23 Motion for Jason Baumetz to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.) (Entered: 01/02/2018)

Jan. 2, 2018

Jan. 2, 2018

PACER
29

LETTER MOTION to Adjourn Conference until at least March 12, 2018 addressed to Judge P. Kevin Castel from Christopher R. Noyes dated January 9, 2018. Document filed by Eduvigis A. Del Rosario, Project Citizenship, Inc..(Noyes, Christopher) (Entered: 01/09/2018)

Jan. 9, 2018

Jan. 9, 2018

PACER
30

ORDER granting 29 Letter Motion to Adjourn Conference. Initial conference adjourned from January 30 to March 12, 2018 at 11:30 a.m. Initial Conference set for 3/12/2018 at 11:30 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 1/19/2018) (cf) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

RECAP
31

NOTICE OF APPEARANCE by Kirti Vaidya Reddy on behalf of L. Francis Cissna, Kirstjen M. Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Reddy, Kirti) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

PACER
32

NOTICE OF APPEARANCE by Anthony Jan-Huan Sun on behalf of L. Francis Cissna, Kirstjen M. Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Sun, Anthony) (Entered: 01/24/2018)

Jan. 24, 2018

Jan. 24, 2018

PACER
33

NOTICE OF APPEARANCE by Christine Clarke on behalf of Soraya Frances De Dandrade, Miguelina De La Cruz, Marisol Ojeda De Nunez, Juana Jimenez, Daysi Moya, Obdulia Ruiz, Maria Vasquez, Youth Ministries for Peace and Justice, Inc.. (Clarke, Christine) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
34

LETTER addressed to Judge P. Kevin Castel from AUSA Anthony J. Sun dated 2/26/2018 re: pre-motion letter pursuant to Part 4.A of the Court's Individual Practices. Document filed by L. Francis Cissna, Kirstjen M. Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security.(Sun, Anthony) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

PACER
35

SUMMONS RETURNED EXECUTED. United States Department of Homeland Security served on 12/26/2017, answer due 2/26/2018. Service was made by MAIL. Document filed by Project Citizenship, Inc.; Eduvigis A. Del Rosario. (Noyes, Christopher) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
36

SUMMONS RETURNED EXECUTED. Kirstjen M. Nielsen served on 12/26/2017, answer due 2/26/2018. Service was made by MAIL. Document filed by Project Citizenship, Inc.; Eduvigis A. Del Rosario. (Noyes, Christopher) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
37

SUMMONS RETURNED EXECUTED. L. Francis Cissna served on 12/26/2017, answer due 2/26/2018. Service was made by MAIL. Document filed by Project Citizenship, Inc.; Eduvigis A. Del Rosario. (Noyes, Christopher) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
38

SUMMONS RETURNED EXECUTED. United States Citizenship and Immigration Services served on 12/26/2017, answer due 2/26/2018. Service was made by MAIL. Document filed by Project Citizenship, Inc.; Eduvigis A. Del Rosario. (Noyes, Christopher) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
39

LETTER addressed to Judge P. Kevin Castel from Christopher D. Lamb dated March 2, 2018 re: Response to Defendants' Pre-Motion Letter dated February 26, 2018. Document filed by Soraya Frances De Dandrade, Miguelina De La Cruz, Marisol Ojeda De Nunez, Juana Jimenez, Daysi Moya, Obdulia Ruiz, Maria Vasquez, Youth Ministries for Peace and Justice, Inc..(Lamb, Christopher) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
40

JOINT LETTER addressed to Judge P. Kevin Castel from Christopher R. Noyes dated March 5, 2018 re: Joint Letter in Advance of Initial Pretrial Conference Scheduled for March 12, 2018 at 11:30 AM. Document filed by Eduvigis A. Del Rosario, Project Citizenship, Inc..(Noyes, Christopher) (Entered: 03/05/2018)

March 5, 2018

March 5, 2018

PACER
41

LETTER addressed to Judge P. Kevin Castel from Jason Baumetz dated March 7, 2018 re: Request by counsel to appear telephonically from Anchorage Alaska at the Initial Pretrial Conference on March 12, 2018. Document filed by Chou Hang.(Baumetz, Jason) (Entered: 03/07/2018)

March 7, 2018

March 7, 2018

PACER
42

MEMO ENDORSEMENT on re: 41 Letter, filed by Chou Hang. ENDORSEMENT: For the reasons explained in Williams v. A&E, 2015 WL 778156 (Feb 11, 2015), the practice of a telephone appearance at the first conference is discourage. Depending upon the number of participants at the conference, I may or may not have the ability to conduct a telephone conference with this large of a group. Mr. Baumetz is free to contact my deputy to determine feasibility. I also would be pleased to adjourn the conference to accommodate Mr. Baumetz's travel scheduled. (Signed by Judge P. Kevin Castel on 3/8/2018) (cf) (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

RECAP
43

NOTICE OF APPEARANCE by Jojo Annobil on behalf of Marisol Ojeda De Nunez. (Annobil, Jojo) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER

Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Pretrial Conference held on 3/12/2018. See, Scheduling Order. (Nacanther, Florence)

March 12, 2018

March 12, 2018

PACER
44

SCHEDULING ORDER: WHEREAS, defendant(s) has have expressed an intent to move to dismiss the complaint pursuant to Rule 12(b)(1) and Rule 12(b)(6), Fed. R. Civ. P., on the basis set forth in a pre-motion letter. NOW, therefore, as a result of a Rule 16 conference held today, the following is ORDERED: Defendant(s) may file its motion to dismiss by April 20, 2018. Plaintiff(s) shall respond to the motion by May 18, 2018. Any reply by defendant(s) shall be filed by May 31, 2018. (As further set forth in this Order.) Discovery is stayed pending the deposition of motion. Motions due by 4/20/2018. Responses due by 5/18/2018 Replies due by 5/31/2018. (Signed by Judge P. Kevin Castel on 3/12/2018) (cf) Modified on 5/10/2018 (cf). (Entered: 03/12/2018)

March 12, 2018

March 12, 2018

RECAP
45

NOTICE OF APPEARANCE by Theresa Dawn Lawson on behalf of Soraya Frances De Dandrade, Miguelina De La Cruz, Marisol Ojeda De Nunez, Juana Jimenez, Daysi Moya, Obdulia Ruiz, Maria Vasquez, Youth Ministries for Peace and Justice, Inc.. (Lawson, Theresa) (Entered: 03/22/2018)

March 22, 2018

March 22, 2018

PACER
46

MOTION to Dismiss . Document filed by L. Francis Cissna, Kirstjen M. Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security.(Sun, Anthony) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
47

DECLARATION of Zoraida Gomez in Support re: 46 MOTION to Dismiss .. Document filed by L. Francis Cissna, Kirstjen M. Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Sun, Anthony) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
48

DECLARATION of Dana Salvano-Dunn in Support re: 46 MOTION to Dismiss .. Document filed by L. Francis Cissna, Kirstjen M. Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Sun, Anthony) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
49

MEMORANDUM OF LAW in Support re: 46 MOTION to Dismiss . . Document filed by L. Francis Cissna, Kirstjen M. Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Sun, Anthony) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
50

NOTICE OF CHANGE OF ADDRESS by Theresa Dawn Lawson on behalf of Soraya Frances De Dandrade, Miguelina De La Cruz, Marisol Ojeda De Nunez, Juana Jimenez, Daysi Moya, Obdulia Ruiz, Maria Vasquez, Youth Ministries for Peace and Justice, Inc.. New Address: Bronx Legal Services, 349 East 149th Street, 10th Floor, Bronx, New York, USA 10451, 718.928.2896. (Lawson, Theresa) (Entered: 05/02/2018)

May 2, 2018

May 2, 2018

PACER
51

DECLARATION of Zoraida Gomez in Support re: 46 MOTION to Dismiss .. Document filed by L. Francis Cissna, Kirstjen M. Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Sun, Anthony) (Entered: 05/10/2018)

May 10, 2018

May 10, 2018

PACER
52

MEMORANDUM OF LAW in Opposition re: 46 MOTION to Dismiss . . Document filed by Soraya Frances De Dandrade, Miguelina De La Cruz, Marisol Ojeda De Nunez, Eduvigis A. Del Rosario, Chou Hang, Juana Jimenez, Daysi Moya, Project Citizenship, Inc., Obdulia Ruiz, Maria Vasquez, Youth Ministries for Peace and Justice, Inc.. (Noyes, Christopher) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

PACER
53

DECLARATION of Christopher D. Lamb in Support re: 52 Memorandum of Law in Opposition to Motion,. Document filed by Soraya Frances De Dandrade, Miguelina De La Cruz, Marisol Ojeda De Nunez, Eduvigis A. Del Rosario, Chou Hang, Juana Jimenez, Daysi Moya, Project Citizenship, Inc., Obdulia Ruiz, Maria Vasquez, Youth Ministries for Peace and Justice, Inc.. (Attachments: # 1 Exhibit 1 - documents related to Soraya Frances De Dandrades naturalization application, # 2 Exhibit 2 - documents related to Maria Vasquezs naturalization application, # 3 Exhibit 3 - documents related to Daysi Moyas naturalization application, # 4 Exhibit 4 - documents related to Marisol Ojeda De Nunezs naturalization application, # 5 Exhibit 5 - documents related to Obdulia Ruizs naturalization application, # 6 Exhibit 6 - documents related to Juana Jimenezs naturalization application, # 7 Exhibit 7 - documents related to Eduvigis A. Del Rosarios naturalization application, # 8 Exhibit 8 - documents related to Chou Hang's naturalization application, # 9 Exhibit 9 - documents related to Maria De La Cruz's Application)(Noyes, Christopher) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

PACER
54

DECLARATION of Alex Ramos in Support re: 52 Memorandum of Law in Opposition to Motion,. Document filed by Soraya Frances De Dandrade, Miguelina De La Cruz, Marisol Ojeda De Nunez, Eduvigis A. Del Rosario, Chou Hang, Juana Jimenez, Daysi Moya, Project Citizenship, Inc., Obdulia Ruiz, Maria Vasquez, Youth Ministries for Peace and Justice, Inc.. (Noyes, Christopher) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

PACER
55

REPLY MEMORANDUM OF LAW in Support re: 46 MOTION to Dismiss . . Document filed by L. Francis Cissna, Kirstjen M. Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Sun, Anthony) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

PACER
56

LETTER MOTION for Oral Argument addressed to Judge P. Kevin Castel from Christopher R. Noyes dated June 19, 2018. Document filed by Eduvigis A. Del Rosario, Project Citizenship, Inc..(Noyes, Christopher) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

PACER
57

STANDING ORDER M10-468 The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (ks) (Entered: 01/02/2019)

Dec. 27, 2018

Dec. 27, 2018

PACER
58

STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (kv) (kv). (Entered: 01/02/2019)

Dec. 27, 2018

Dec. 27, 2018

PACER

Case Stayed (rro)

Dec. 27, 2018

Dec. 27, 2018

PACER
59

LETTER addressed to Judge P. Kevin Castel from Christopher D. Lamb dated February 6, 2019 re: pre-motion letter. Document filed by Soraya Frances De Dandrade, Miguelina De La Cruz, Marisol Ojeda De Nunez, Eduvigis A. Del Rosario, Chou Hang, Juana Jimenez, Daysi Moya, Project Citizenship, Inc., Obdulia Ruiz, Maria Vasquez, Youth Ministries for Peace and Justice, Inc.. (Attachments: # 1 Exhibit A)(Lamb, Christopher) (Entered: 02/06/2019)

Feb. 6, 2019

Feb. 6, 2019

PACER
60

MEMO ENDORSEMENT on re: 59 Letter. ENDORSEMENT: Plaintiffs may proceed with their proposed motions and application on notice to defendants. (Signed by Judge P. Kevin Castel on 2/7/2019) (jwh) (Entered: 02/07/2019)

Feb. 7, 2019

Feb. 7, 2019

PACER
61

MOTION for Temporary Restraining Order, Preliminary Injunction, and Leave to Amend the Complaint. Document filed by Soraya Frances De Dandrade, Miguelina De La Cruz, Marisol Ojeda De Nunez, Eduvigis A. Del Rosario, Chou Hang, Juana Jimenez, Daysi Moya, Project Citizenship, Inc., Obdulia Ruiz, Maria Vasquez, Youth Ministries for Peace and Justice, Inc..(Lamb, Christopher) (Entered: 02/10/2019)

Feb. 10, 2019

Feb. 10, 2019

PACER
62

DECLARATION of Christopher D. Lamb in Support re: 61 MOTION for Temporary Restraining Order, Preliminary Injunction, and Leave to Amend the Complaint.. Document filed by Soraya Frances De Dandrade, Miguelina De La Cruz, Marisol Ojeda De Nunez, Eduvigis A. Del Rosario, Chou Hang, Juana Jimenez, Daysi Moya, Project Citizenship, Inc., Obdulia Ruiz, Maria Vasquez, Youth Ministries for Peace and Justice, Inc.. (Attachments: # 1 Exhibit 1-Proposed Amended Answer, # 2 Exhibit 2-The New Guidance, # 3 Exhibit 3-The 2013 Guidance)(Lamb, Christopher) (Entered: 02/10/2019)

Feb. 10, 2019

Feb. 10, 2019

PACER
63

DECLARATION of Veronica Serrato in Support re: 61 MOTION for Temporary Restraining Order, Preliminary Injunction, and Leave to Amend the Complaint.. Document filed by Soraya Frances De Dandrade, Miguelina De La Cruz, Marisol Ojeda De Nunez, Eduvigis A. Del Rosario, Chou Hang, Juana Jimenez, Daysi Moya, Project Citizenship, Inc., Obdulia Ruiz, Maria Vasquez, Youth Ministries for Peace and Justice, Inc.. (Lamb, Christopher) (Entered: 02/10/2019)

Feb. 10, 2019

Feb. 10, 2019

PACER
64

DECLARATION of Axel Ramos in Support re: 61 MOTION for Temporary Restraining Order, Preliminary Injunction, and Leave to Amend the Complaint.. Document filed by Soraya Frances De Dandrade, Miguelina De La Cruz, Marisol Ojeda De Nunez, Eduvigis A. Del Rosario, Chou Hang, Juana Jimenez, Daysi Moya, Project Citizenship, Inc.. (Lamb, Christopher) (Entered: 02/10/2019)

Feb. 10, 2019

Feb. 10, 2019

PACER
65

MEMORANDUM OF LAW in Support re: 61 MOTION for Temporary Restraining Order, Preliminary Injunction, and Leave to Amend the Complaint. . Document filed by Soraya Frances De Dandrade, Miguelina De La Cruz, Marisol Ojeda De Nunez, Eduvigis A. Del Rosario, Chou Hang, Juana Jimenez, Daysi Moya, Project Citizenship, Inc., Obdulia Ruiz, Maria Vasquez, Youth Ministries for Peace and Justice, Inc.. (Lamb, Christopher) (Entered: 02/10/2019)

Feb. 10, 2019

Feb. 10, 2019

PACER
66

LETTER addressed to Judge P. Kevin Castel from AUSA Anthony J. Sun dated 2/10/2019 re: schedule re Plaintiffs' motions. Document filed by L. Francis Cissna, Kirstjen M. Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security.(Sun, Anthony) (Entered: 02/10/2019)

Feb. 10, 2019

Feb. 10, 2019

PACER
67

LETTER addressed to Judge P. Kevin Castel from Christopher D. Lamb dated February 11, 2019 re: Defendants' letter of February 10, 2019. Document filed by Soraya Frances De Dandrade, Miguelina De La Cruz, Marisol Ojeda De Nunez, Eduvigis A. Del Rosario, Chou Hang, Juana Jimenez, Daysi Moya, Project Citizenship, Inc., Obdulia Ruiz, Maria Vasquez, Youth Ministries for Peace and Justice, Inc..(Lamb, Christopher) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
68

NOTICE OF APPEARANCE by Shannon Suzanne McKinnon on behalf of Marisol Ojeda De Nunez. (McKinnon, Shannon) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
69

NOTICE OF APPEARANCE by Jeffrey David Coleman on behalf of Project Citizenship, Inc.. (Coleman, Jeffrey) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER

Minute Entry for proceedings held before Judge P. Kevin Castel: oral argument on TRO held on 2/11/2019 before Judge P. Kevin. TRO denied at this time. Government opposition to the TRO application due February 14; government opposition to the motion for leave to amend and a preliminary injunction due March 11; plaintiffs reply in support of motion for leave to amend and a preliminary injunction due March 25. (Court Reporter Eve Giniger) (Nacanther, Florence)

Feb. 12, 2019

Feb. 12, 2019

PACER
70

MEMORANDUM OF LAW in Opposition re: 61 MOTION for Temporary Restraining Order, Preliminary Injunction, and Leave to Amend the Complaint. Defendants' opposition to request for temporary restraining order. Document filed by L. Francis Cissna, Kirstjen M. Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Sun, Anthony) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
71

DECLARATION of Zoraida Gomez in Opposition re: 61 MOTION for Temporary Restraining Order, Preliminary Injunction, and Leave to Amend the Complaint.. Document filed by L. Francis Cissna, Kirstjen M. Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Sun, Anthony) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
72

OPINION AND ORDER re: 46 MOTION to Dismiss: Defendants' motion to dismiss the Complaint is GRANTED. The Clerk is directed to terminate the motions (Docs 46, 56). The Court previously set a briefing schedule on certain new claims plaintiffs wish to assert in an amended complaint and injunctive relief on the new claims. The motions may proceed on the existing schedule with, of course, the right to address whether any amended claim would be futile in view of the holdings herein. (Signed by Judge P. Kevin Castel on 2/15/2019) (jwh) (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

RECAP
73

ORDER denying 61 Motion for TRO: Having reviewed the motion and opposition to the motion, the Court denies the TRO for substantially the same reasons as stated in the hearing on February 11, 2019 and as further explained in today's accompanying Opinion and Order on the Government's motion to dismiss. (See id. at 18-20). (Signed by Judge P. Kevin Castel on 2/15/2019) (jwh) (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
74

LETTER addressed to Judge P. Kevin Castel from Christopher D. Lamb dated February 22, 2019 re: Request to withdraw Christine Clarke as counsel. Document filed by Soraya Frances De Dandrade, Miguelina De La Cruz, Marisol Ojeda De Nunez, Eduvigis A. Del Rosario, Chou Hang, Juana Jimenez, Daysi Moya, Project Citizenship, Inc., Obdulia Ruiz, Maria Vasquez, Youth Ministries for Peace and Justice, Inc.. (Attachments: # 1 Exhibit Declaration of Christine Clarke)(Lamb, Christopher) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER
75

MEMO ENDORSEMENT on re: 74 Letter. ENDORSEMENT: Application Granted. (Attorney Christine Clarke terminated.) (Signed by Judge P. Kevin Castel on 2/26/2019) (jwh) (Entered: 02/26/2019)

Feb. 26, 2019

Feb. 26, 2019

PACER
76

TRANSCRIPT of Proceedings re: CONFERENCE held on 2/11/2019 before Judge P. Kevin Castel. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/25/2019. Redacted Transcript Deadline set for 4/4/2019. Release of Transcript Restriction set for 6/3/2019.(McGuirk, Kelly) (Entered: 03/04/2019)

March 4, 2019

March 4, 2019

PACER
77

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 2/11/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 03/04/2019)

March 4, 2019

March 4, 2019

PACER
78

LETTER addressed to Judge P. Kevin Castel from Christopher D. Lamb dated March 8, 2019 re: Plaintiffs' Withdrawal of Pending Motion to Amend and for a Preliminary Injunction. Document filed by Soraya Frances De Dandrade, Miguelina De La Cruz, Marisol Ojeda De Nunez, Eduvigis A. Del Rosario, Chou Hang, Juana Jimenez, Daysi Moya, Project Citizenship, Inc., Obdulia Ruiz, Maria Vasquez, Youth Ministries for Peace and Justice, Inc..(Lamb, Christopher) (Entered: 03/08/2019)

March 8, 2019

March 8, 2019

PACER
79

ORDER: As all claims against defendants have been resolved, the Clerk is directed to enter final judgment in favor of the defendants and close the case. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/3/2019) (ks) (Entered: 04/03/2019)

April 3, 2019

April 3, 2019

PACER

Transmission to Orders and Judgments Clerk

April 3, 2019

April 3, 2019

PACER

Transmission to Orders and Judgments Clerk. Transmitted re: 79 Order, to the Orders and Judgments Clerk. (ks)

April 3, 2019

April 3, 2019

PACER
80

CLERK'S JUDGMENT re: 79 Order in favor of United States Citizenship and Immigration Services, United States Department of Homeland Security, Kirstjen M. Nielsen, L. Francis Cissna against Project Citizenship, Inc., Youth Ministries for Peace and Justice, Inc., Chou Hang, Daysi Moya, Eduvigis A. Del Rosario, Juana Jimenez, Maria Vasquez, Marisol Ojeda De Nunez, Miguelina De La Cruz, Obdulia Ruiz, Soraya Frances De Dandrade. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated April 3, 2019, as all claims against defendants have been resolved, final judgment is entered in favor of the defendants; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 4/3/2019) (Attachments: # 1 Right to Appeal)(km) (Entered: 04/03/2019)

1 Right to Appeal

View on PACER

April 3, 2019

April 3, 2019

PACER

Terminate Transcript Deadlines (km)

April 3, 2019

April 3, 2019

PACER
81

FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by Daysi Moya, Obdulia Ruiz, Youth Ministries for Peace and Justice, Inc.. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Lamb, Christopher) Modified on 4/12/2019 (nd). (Entered: 04/12/2019)

April 12, 2019

April 12, 2019

PACER

Notice to Attorney Regarding Deficient Appeal

April 12, 2019

April 12, 2019

PACER

Appeal Record Sent to USCA - Electronic File

April 12, 2019

April 12, 2019

PACER

Transmission of Notice of Appeal and Docket Sheet to USCA

April 12, 2019

April 12, 2019

PACER

Appeal Fee Due

April 12, 2019

April 12, 2019

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Lamb, Christopher to RE-FILE Document No. 81 Notice of Appeal.. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected;. Re-file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (nd)

April 12, 2019

April 12, 2019

PACER
82

CORRECTED NOTICE OF APPEAL re: 81 Notice of Appeal, 72 Memorandum & Opinion,,. Document filed by Daysi Moya, Obdulia Ruiz, Youth Ministries for Peace and Justice, Inc.. (Lamb, Christopher) (Entered: 04/12/2019)

April 12, 2019

April 12, 2019

PACER

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Dec. 7, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two immigrant advocacy organizations and nine disabled legal permanent residents seeking citizenship.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Legal Services/Legal Aid

Bronx Defenders

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Homeland Security, Federal

United States Citizenship and Immigration Services, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Available Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

Disability and Disability Rights:

disability, unspecified

Depression

Mental Illness, Unspecified

Discrimination-area:

Medical Exam / Inquiry

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Dementia

Intellectual/Developmental Disability

Medical care, general

Mental health care, general

Immigration/Border:

Constitutional rights

U.S. citizenship - acquiring