University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Immigrationportal.com v. Ridge IM-DC-0006
Docket / Court 03-2606 ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Immigration and/or the Border
Case Summary
On December 22, 2003, nine individuals and ImmigrationPortal.com, an Internet site with over 72,000 registered members who shared information about immigration law violations, filed suit in the United States District Court for the District of Columbia, challenging unreasonable delays in the ... read more >
On December 22, 2003, nine individuals and ImmigrationPortal.com, an Internet site with over 72,000 registered members who shared information about immigration law violations, filed suit in the United States District Court for the District of Columbia, challenging unreasonable delays in the processing of employment-based adjustment of status applications for legal permanent residence ("green cards"). In addition to unreasonable delays in obtaining green cards, sometimes up to 6 years, Plaintiffs also alleged that during the application process, they had to file repeated applications for the issuance of employment authorization and advance parole and were subjected to repeated fingerprintings. Plaintiffs alleged violations of the Mandamus Act, 28 U.S.C. § 1361; Declaratory Judgment Act, 28 U.S.C. § 2201; All Writs Act, 28 U.S.C. §1651; Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.; Administrative Procedure Act, 5 U.S.C. § 551 et seq.; and the Fifth Amendment to the U.S. Constitutions. They sought declaratory and injunctive relief and moved for class certification.

On March 31, 2005, the District Court (Judge James Robertson) denied the motion for class certification. Over 18 months later, the Court issued its memorandum which set forth its reasons for denying class certification. In the memorandum, the Court noted that "all nine of the people who were named in the original complaint have somehow miraculously found their way through the system." ImmigrationPortal.com v. Chertoff, 2006 WL 3254490 (D.D.C. Nov. 8, 2006.)

Shortly thereafter, the parties filed a voluntary joint stipulation for dismissal and the case was closed.

Dan Dalton - 12/30/2007


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Issues and Causes of Action
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Issues
Immigration/Border
Employment
Plaintiff Type
Private Plaintiff
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
Bivens
All Writs Act, 28 U.S.C. § 1651
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Mandamus, 28 U.S.C. § 1361
Defendant(s) Attorney General of the U.S.
U.S. Citizenship and Immigration Services
U.S. Department of of Homeland Security
Plaintiff Description All persons whose Employment Based Ajudjustment of Status Applications are pending at various Service Centers and other offices of the USCIS.
Class action status sought Yes
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Case Closing Year 2007
Case Ongoing No
Additional Resources
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  SUMMARY:The Nationwide Perez-Fuñez Permanent Injunction Provisions for Unaccompanied Children in DHS Custody
www.nilc.org
Date: June 2014
By: National Immigration Law Center (National Immigration Law Center)
[ Detail ] [ External Link ]

Docket(s)
1:03-cv-02606-JR (D.D.C.)
IM-DC-0006-9000.pdf | Detail
Date: 01/29/2007
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Mandamus, Declaratory and Injunctive Relief
IM-DC-0006-0001.pdf | Detail
Date: 12/22/2003
[Order] (2006 WL 3254490 / 2006 U.S.Dist.LEXIS 81587) (D.D.C.)
IM-DC-0006-0003.pdf | WESTLAW| LEXIS | Detail
Date: 11/08/2006
Joint Stipulation of Dismissal
IM-DC-0006-0002.pdf | Detail
Date: 01/29/2007
Judges Robertson, James (D.D.C.)
IM-DC-0006-0003 | IM-DC-0006-9000
Plaintiff's Lawyers Khanna, Rajiv Santosh (Virginia)
IM-DC-0006-0001 | IM-DC-0006-0002 | IM-DC-0006-0003 | IM-DC-0006-9000
Defendant's Lawyers Banks, Dorann E (District of Columbia)
IM-DC-0006-9000
Contreras, Rudolph (District of Columbia)
IM-DC-0006-0002
Erb, William Campbell (District of Columbia)
IM-DC-0006-0002 | IM-DC-0006-0003 | IM-DC-0006-9000
Keisler, Peter D. (District of Columbia)
IM-DC-0006-0002
Melnik, Karen L (District of Columbia)
IM-DC-0006-0002 | IM-DC-0006-0003 | IM-DC-0006-9000
Peralta, Marianela (District of Columbia)
IM-DC-0006-9000
Scadron, Terri J. (District of Columbia)
IM-DC-0006-0002

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