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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