Case: Subramanya v. United States Citizenship and Immigration Services

2:20-cv-03707 | U.S. District Court for the Southern District of Ohio

Filed Date: July 22, 2020

Closed Date: March 17, 2021

Clearinghouse coding complete

Case Summary

This is a case about how quickly United States Citizenship and Immigration Services must process, print, and mail Employment Authorization Documents (EADs or Form I-766) for immigrants who have received approval for their Applications for Employment Authorization (Form I-765). On July 22, 2020, an immigrant who had received employment approval but had not received her EAD filed this class action suit in the Southern District Court of Ohio Eastern Division. She sued the agency and its Acting Dir…

This is a case about how quickly United States Citizenship and Immigration Services must process, print, and mail Employment Authorization Documents (EADs or Form I-766) for immigrants who have received approval for their Applications for Employment Authorization (Form I-765). On July 22, 2020, an immigrant who had received employment approval but had not received her EAD filed this class action suit in the Southern District Court of Ohio Eastern Division. She sued the agency and its Acting Director and Chief of the Office of Intake and Document Production under 5 U.S.C. § 706(1), 5 U.S.C. § 706(2) and 28 U.S.C. § 1361. Represented by private counsel, the plaintiff sought a temporary restraining order, preliminary and permanent injunctive relief, declaratory relief, and a writ of mandamus for damage sustained by the plaintiff and putative class members resulting from the agency’s intentional slowing and stopping of printing EADs and for the violation of plaintiffs’ 5th Amendment right to Due Process. The plaintiff had been unable to work due to the agency’s delay in printing her EAD and her employer was threatening to fire her if she did not return to work before August.

On July 28, 2020, the defendants filed for a Motion to Dismiss for lack of jurisdiction. On August 3, 2020, Chief Judge Algenon L. Marbley denied defendants’ motion and granted the plaintiff’s Motion for a Temporary Restraining Order that would require defendants to issue EADs to putative class members immediately or within seven days of the court’s order. Counsel for plaintiffs and defendants began mediation talks in early August. Settlement talks continued until August 21, 2020, when Chief Judge Marbley signed the parties’ consent order.

As part of the consent order, the remaining plaintiffs filed an order of voluntary dismissal. In the consent order, the defendants denied all of plaintiffs’ allegations and stated that the consent order was not and should not be taken as or construed to be an admission of responsibility. Plaintiffs also withdrew their motion for class status in the consent order. In terms of interim relief, the defendants agreed to post a notice on the agency’s website explaining how an alternative form (Form I-797) could be used in place of an EAD while a person awaits the printing of that document. The interim relief deadline was set for October 15, 2020.  

The defendants also agreed to create a putative class list that included all plaintiffs and putative class members. The list was divided into two categories: sub-class one and sub-class two. Subclass one members were defined as immigrants whose EADs are already queued for printing at the time of list creation. For these individuals, the defendants agreed to mail EADs within a week of the execution of the consent decree. Subclass two members were defined as immigrants whose EADs had not been queued as of the day the list was created. For these members of subclass two, the defendants agreed to mail EADS within seven days of USCIS collecting biometric data for the individual. In addition to the list creation, the defendants agreed to pay $90,000 in attorneys fees. 

The class list tracked the receipt number for the submitted I-676 form, the date the I-765 was approved, and the date the EAD was produced. In a status report filed on September 9, 2020, the agency reported that 45,565 putative class members had yet to receive their EADs. In the second report filed on September 30, 2020, USCIS reported that they had sent EADs to all of the sub-class one members and 15,177 of the 17,736 total sub-class two members. Subsequently, on October 16, 2020, the defendants extended the interim relief period until December 1, 2020. 

On November 23, 2020, the parties requested to alter the reporting requirement to bi-weekly until the defendants produced and mailed EADs for all the punitive class members. Additionally, the defendants agreed to amend the notice on USCIS’ website, extending the interim relief through February 1, 2021. The court granted the parties joint motion to amend the consent order on November 25, 2020. 

As a result of the defendants full compliance with the terms of the consent order, the parties stipulated to dismiss the case on January 29, 2021. As of that date, USCIS had sent EADs to all but 56 of the punitive class members. 

The court approved the defendant’s final certification and dismissed the case with prejudice on March 17, 2021. 

Summary Authors

Gabrielle Simeck (10/10/2020)

Skylar Parpan (11/9/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17373598/parties/subramanya-v-united-states-citizenship-and-immigration-services/


Judge(s)

Deavers, Elizabeth Preston (Ohio)

Attorney for Plaintiff

Cohen, Robert G. (Ohio)

Crawford, Ana P (Ohio)

Fraser, Kirsten (Ohio)

Attorney for Defendant

Devillers, David (Ohio)

Documents in the Clearinghouse

Documents in this case

2:20-cv-03707

Civil Docket for Case #: 2:20-cv-03707-ALM-EPD

Oct. 9, 2020

Oct. 9, 2020

Docket
1

2:20-cv-03707

Verified Complaint for Temporary Restraining Order, Preliminary and Permanent Injunctive Relief, Declaratory Relief and Writ of Mandamus

July 22, 2020

July 22, 2020

Complaint
53

2:20-cv-03707

Joint Status Report Regarding Parties' Proposed Consent Order, Pursuant to Notation Order

Aug. 18, 2020

Aug. 18, 2020

Other
55

2:20-cv-03707

Consent Order

Aug. 21, 2020

Aug. 21, 2020

Order/Opinion
57

2:20-cv-03707

Defendants' Report Pursuant to Consent Order (ECF No. 55), September 9, 2020

Sept. 9, 2020

Sept. 9, 2020

Pleading / Motion / Brief
58

2:20-cv-03707

Defendants’ Report Pursuant to Consent Order (ECF No. 55), September 30, 2020

Sept. 30, 2020

Sept. 30, 2020

Pleading / Motion / Brief
72

2:20-cv-03707

Joint Final Certification Pursuant to Consent Order (EFC No. 55)

Jan. 29, 2021

Jan. 29, 2021

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17373598/subramanya-v-united-states-citizenship-and-immigration-services/

Last updated March 16, 2026, 4:11 a.m.

ECF Number Date Description Link
1 July 22, 2020

COMPLAINT against Ranjitha Subramanya ( Filing fee $ 400 paid - receipt number: 0648-7568329), filed by Ranjitha Subramanya. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Cohen, Robert) (Entered: 07/22/2020)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on RECAP

Clearinghouse
2 July 22, 2020

MOTION for Temporary Restraining Order by Plaintiff Ranjitha Subramanya. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Cohen, Robert) (Entered: 07/22/2020)

1 Exhibit A

View on RECAP

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

RECAP
3 July 22, 2020

DECLARATION of Ranijitha Subramanya re Motion for Temporary Restraining Order by Plaintiff Ranjitha Subramanya. (Cohen, Robert) Modified text and termed Motion on 7/23/2020 (jlk). (Entered: 07/22/2020)

RECAP
4 July 22, 2020

DECLARATION of Catherine Kang in Support of 2 MOTION for Temporary Restraining Order by Plaintiff Ranjitha Subramanya. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Cohen, Robert) Modified text and termed Motion on 7/23/2020 (jlk). (Entered: 07/22/2020)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on RECAP

RECAP
5 July 22, 2020

DECLARATION of Andrea La Manna in Support of 2 MOTION for Temporary Restraining Order by Plaintiff Ranjitha Subramanya. (Cohen, Robert) Modified text and termed motion on 7/23/2020 (jlk). (Entered: 07/22/2020)

RECAP
6 July 22, 2020

REQUEST for Issuance of Summons. (Cohen, Robert) (Entered: 07/22/2020)

RECAP
7 July 22, 2020

REQUEST for Issuance of Summons. (Cohen, Robert) (Entered: 07/22/2020)

RECAP
8 July 22, 2020

REQUEST for Issuance of Summons. (Cohen, Robert) (Entered: 07/22/2020)

RECAP
9 July 23, 2020

NOTICE of Appearance by Caroline Gentry for Plaintiff Ranjitha Subramanya (Gentry, Caroline) (Entered: 07/23/2020)

RECAP
10 July 23, 2020

ORDER Setting 65.1 Virtual Conference on Motion 2 MOTION for Temporary Restraining Order : Motion Hearing set for 7/29/2020 03:00 PM Virtually before Chief Judge Algenon L. Marbley. Signed by Chief Judge Algenon L. Marbley on 07/23/2020. (cw) (Entered: 07/23/2020)

RECAP
11 July 24, 2020

NOTICE of Appearance by Christopher R Yates for Defendants Ken Cuccinelli, Ernest Destefano, United States Citizenship and Immigration Services (Yates, Christopher) (Entered: 07/24/2020)

RECAP
12 July 24, 2020

Summons Issued as to United States Citizenship and Immigration Services. (jlk) (Main Document 12 replaced on 7/24/2020) (jlk). (Entered: 07/24/2020)

RECAP
13 July 24, 2020

Summons Issued as to Ken Cuccinelli. (jlk) (Entered: 07/24/2020)

RECAP
14 July 24, 2020

Summons Issued as to Ernest Destefano. (jlk) (Entered: 07/24/2020)

RECAP
15 July 24, 2020

NOTICE by Plaintiff Ranjitha Subramanya /Civil Cover Sheet (Gentry, Caroline) (Entered: 07/24/2020)

RECAP
16 July 27, 2020

NOTICE of Appearance by Kirsten R. Fraser for Plaintiff Ranjitha Subramanya (Fraser, Kirsten) (Entered: 07/27/2020)

RECAP
17 July 27, 2020

Amended Complaint

RECAP
18 July 28, 2020

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Wajdi M. Ammarah (Gentry, Caroline) (Entered: 07/28/2020)

RECAP
19 July 28, 2020

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Yoan Martinez Ayala (Gentry, Caroline) (Entered: 07/28/2020)

RECAP
20 July 28, 2020

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Sirelene Moura Da Costa; Norberto Bernardes Da Fonseca; and Samuel Moura Fonseca (Gentry, Caroline) (Entered: 07/28/2020)

RECAP
21 July 28, 2020

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Nicolas Joseph Bell Fabregat (Gentry, Caroline) (Entered: 07/28/2020)

RECAP
22 July 28, 2020

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Abraham Blay Gayetaye (Gentry, Caroline) (Entered: 07/28/2020)

RECAP
23 July 28, 2020

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Mohsen Haghighatpour (Gentry, Caroline) (Entered: 07/28/2020)

RECAP
24 July 28, 2020

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Syeda Fareeza Karimushan (Gentry, Caroline) (Entered: 07/28/2020)

RECAP
25 July 28, 2020

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Meng Huan Lee (Gentry, Caroline) (Entered: 07/28/2020)

RECAP
26 July 28, 2020

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Ching-Min Lin (Gentry, Caroline) (Entered: 07/28/2020)

RECAP
27 July 28, 2020

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Carlos Francisco Rodriguez Martinez (Gentry, Caroline) (Entered: 07/28/2020)

RECAP
28 July 28, 2020

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Richard Patrick McNulty (Gentry, Caroline) (Entered: 07/28/2020)

RECAP
29 July 28, 2020

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Swetha Muralidhara (Gentry, Caroline) (Entered: 07/28/2020)

RECAP
30 July 28, 2020

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Tania Patricia Carcamo Oseguera (Gentry, Caroline) (Entered: 07/28/2020)

RECAP
31 July 28, 2020

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Michael Propper, Director, Chess NYC (Gentry, Caroline) (Entered: 07/28/2020)

RECAP
32 July 28, 2020

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Lucrecia Rosa Ramos (Gentry, Caroline) (Entered: 07/28/2020)

RECAP
33 July 28, 2020

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Kebin Antonio Palma Sanchez (Gentry, Caroline) (Entered: 07/28/2020)

RECAP
34 July 28, 2020

Amended MOTION for Temporary Restraining Order and Mandatory Injunction by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya. (Gentry, Caroline) (Entered: 07/28/2020)

RECAP
35 July 28, 2020

MOTION to Dismiss for Lack of Jurisdiction PLAINTIFFS AMENDED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF, DECLARATORY RELIEF AND WRIT OF MANDAMUS, AND OBJECTION TO CERTIFICATION AS A CLASS ACTION (ECF NOS. 1, 2, 5, 17, and 34) by Defendants Ken Cuccinelli, Ernest Destefano, United States Citizenship and Immigration Services. (Attachments: # 1 Affidavit Goodwin, USCIS/DHS Decl., # 2 Affidavit Troy, NBC/USCIS/DHS Decl.) (Yates, Christopher) (Entered: 07/28/2020)

1 Affidavit Goodwin, USCIS/DHS Decl.

View on RECAP

2 Affidavit Troy, NBC/USCIS/DHS Decl.

View on RECAP

RECAP
36 July 28, 2020

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /Declaration of Rene Kejang Ngenkeng (Gentry, Caroline) (Entered: 07/28/2020)

RECAP
37 July 28, 2020

NOTICE by Plaintiffs Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya, Rene Kejang Ngenkeng /Notice of Adding Rene Kejang Ngenkeng as a Plaintiff and Class Representative (Gentry, Caroline) (Entered: 07/28/2020)

RECAP
38 July 29, 2020

Emergency MOTION to Certify Class by Plaintiffs Rene Kejang Ngenkeng, Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya. (Gentry, Caroline) (Entered: 07/29/2020)

RECAP
39 July 29, 2020

NOTICE of Hearing:Preliminary Pretrial Conference set for 9/1/2020 11:00 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln) (Entered: 07/29/2020)

RECAP
40 July 31, 2020

NOTICE by Plaintiffs Rene Kejang Ngenkeng, Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya /NOTICE OF FILING REDACTED FIRST AMENDED CLASS ACTION COMPLAINT (Attachments: # 1 Exhibit FIRST AMENDED CLASS ACTION COMPLAINT - REDACTED) (Gentry, Caroline) (Entered: 07/31/2020)

RECAP
41 Aug. 3, 2020

REDACTED Version of 17 Amended Complaint. (sln) (Entered: 08/03/2020)

RECAP
42 Aug. 3, 2020

ORDER Setting Virtual Hearing on Motion 34 Mandatory Injunction : Motion Hearing set for 8/10/2020 09:30 AM in Virtual Courtroom 331 - Columbus before Chief Judge Algenon L. Marbley United States: +1 (646) 749-3112; Access Code: 347-407-869; and DENYING 35 Defendants Motion to Dismiss. GRANTING 2 34 Motion for Temporary Restraining Order. Signed by Chief Judge Algenon L. Marbley on 8/3/2020. (cw) (Entered: 08/03/2020)

RECAP
43 Aug. 4, 2020

NOTICE of Appearance by Ana P. Crawford for Plaintiffs Rene Kejang Ngenkeng, Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya (Crawford, Ana) (Entered: 08/04/2020)

RECAP
44 Aug. 4, 2020

Transcript of Motion for Temporary Restraining Order Proceedings held on July 29, 2020, before Judge Algenon L. Marbley. Court Reporter/Transcriber Shawna J. Evans, Telephone number 614-719-3316. 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. <P>NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. <P> For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 8/25/2020. Redacted Transcript Deadline set for 9/4/2020. Release of Transcript Restriction set for 11/2/2020. (Evans, Shawna) (Entered: 08/04/2020)

RECAP
45 Aug. 5, 2020

Joint MOTION to Continue Preliminary Injunction Hearing and Associated Deadlines by Plaintiffs Rene Kejang Ngenkeng, Lucrecia Rosa Ramos, Carlos Francisco Rodriguez Martinez, Kebin Palma Sanchez, Ranjitha Subramanya. (Gentry, Caroline) (Entered: 08/05/2020)

RECAP
46 Aug. 6, 2020

SCHEDULING ORDER AND ORDER granting 45 Motion to Continue; Preliminary Injunction Hearing reset for 8/24/2020 at 9:30 a.m. Signed by Chief Judge Algenon L. Marbley on 8/6/2020. (cw) (Entered: 08/06/2020)

RECAP
47 Aug. 10, 2020

CONSENT to Mediation by Defendant United States Citizenship and Immigration Services (Yates, Christopher) (Entered: 08/10/2020)

RECAP
48 Aug. 11, 2020

NOTICE of Hearing: Settlement Conference set for 8/12/2020 11:00 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln) (Entered: 08/11/2020)

RECAP
Aug. 11, 2020

Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Status Conference held on 8/11/2020. (sln)

Aug. 11, 2020

Status Conference

49 Aug. 12, 2020

Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Settlement Conference held on 8/12/2020. Negotiations not at impasse. Parties continue to confer. (sln) (Entered: 08/14/2020)

RECAP
50 Aug. 13, 2020

Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Continued mediation held on 8/13/2020. Parties continuing to mediate. (sln) (Entered: 08/17/2020)

RECAP
51 Aug. 13, 2020

NOTATION ORDER : Joint Status Report regarding status, but not substance of settlement negotiations due by 8/18/2020. By Magistrate Judge Elizabeth Preston Deavers on 8/13/2020. (sln) (Entered: 08/17/2020)

RECAP
Aug. 14, 2020

Settlement Conference

Aug. 17, 2020

Settlement Conference

Aug. 17, 2020

Order

52 Aug. 18, 2020

NOTICE of Voluntary Dismissal by Plaintiff Carlos Francisco Rodriguez Martinez (Gentry, Caroline) (Entered: 08/18/2020)

RECAP
53 Aug. 18, 2020

STATUS REPORT Joint Status Report RE: Parties' Proposed Consent Order, Pursuant to Notation Order ECF No. 51, to file Notice of/Proposed Consent Order 8-20-2020 by Defendant United States Citizenship and Immigration Services. (Yates, Christopher) (Entered: 08/18/2020)

Clearinghouse
54 Aug. 19, 2020

NOTICE by Defendant United States Citizenship and Immigration Services re 53 Status Report, Joint Notice of Filing Proposed Consent Order (Attachments: # 1 Text of Proposed Order [Proposed] Consent Order) (Yates, Christopher) (Entered: 08/19/2020)

RECAP
55 Aug. 21, 2020

CONSENT ORDER. Signed by Chief Judge Algenon L. Marbley on 8/21/2020. (cw) (Entered: 08/21/2020)

Clearinghouse
56 Aug. 21, 2020

STATUS REPORT Defendants' Report Pursuant to Consent Order (ECF No. 55), 08/21/2020 by Defendant United States Citizenship and Immigration Services. (Yates, Christopher) (Entered: 08/21/2020)

RECAP
Aug. 24, 2020

NOTICE : The PPTC set for 9/1/2020 at 11:00 AM is VACATED. (sln)

Aug. 24, 2020

Notice (Other)

57 Sept. 9, 2020

STATUS REPORT Defendants' Report Pursuant to Consent Order (ECF No. 55), 09/09/2020 by Defendant United States Citizenship and Immigration Services. (Yates, Christopher) (Entered: 09/09/2020)

Clearinghouse
58 Sept. 30, 2020

STATUS REPORT Defendants' Report Pursuant to Consent Order (ECF No. 55), 09/30/2020, with next report due 10/09/2020 Pursuant to Consent Order (ECF No. 55) by Defendant United States Citizenship and Immigration Services. (Yates, Christopher) (Entered: 09/30/2020)

Clearinghouse
59 Oct. 9, 2020

STATUS REPORT Defendants' Report Pursuant to Consent Order (ECF No. 55), 10/09/2020, with next report due 10/16/2020 Pursuant to Consent Order (ECF No. 55) by Defendant United States Citizenship and Immigration Services. (Yates, Christopher) (Entered: 10/09/2020)

RECAP
60 Oct. 16, 2020

STATUS REPORT Defendants' Report Pursuant to Consent Order (ECF No. 55), 10/16/2020, with next report due 10/23/2020 Pursuant to Consent Order (ECF No. 55) by Defendant United States Citizenship and Immigration Services. (Yates, Christopher) (Entered: 10/16/2020)

RECAP
61 Oct. 23, 2020

STATUS REPORT Defendants' Report Pursuant to Consent Order (ECF No. 55), 10/23/2020, with next report due 10/30/2020 Pursuant to Consent Order (ECF No. 55) by Defendant United States Citizenship and Immigration Services. (Yates, Christopher) (Entered: 10/23/2020)

RECAP
62 Oct. 30, 2020

STATUS REPORT Defendants' Report Pursuant to Consent Order (ECF No. 55), 10/30/2020, with next report due 11/06/2020 Pursuant to Consent Order (ECF No. 55) by Defendant United States Citizenship and Immigration Services. (Yates, Christopher) (Entered: 10/30/2020)

RECAP
63 Nov. 6, 2020

STATUS REPORT Defendants' Report Pursuant to Consent Order (ECF No. 55), 11/06/2020, with next report due 11/13/2020 Pursuant to Consent Order (ECF No. 55) by Defendant United States Citizenship and Immigration Services. (Yates, Christopher) (Entered: 11/06/2020)

RECAP
64 Nov. 13, 2020

STATUS REPORT Defendants' Report Pursuant to Consent Order (ECF No. 55), 11/13/2020, with next report due 11/20/2020 Pursuant to Consent Order (ECF No. 55) by Defendant United States Citizenship and Immigration Services. (Yates, Christopher) (Entered: 11/13/2020)

RECAP
65 Nov. 20, 2020

STATUS REPORT Defendants' Report Pursuant to Consent Order (ECF No. 55), 11/20/2020 by Defendant United States Citizenship and Immigration Services. (Yates, Christopher) (Entered: 11/20/2020)

RECAP
66 Nov. 23, 2020

Joint MOTION to Amend/Correct 55 Order Dismissing Case Consent Order, ECF No. 55, for bi-weekly reporting from weekly, and extension of interim relief by Defendants Ken Cuccinelli, Ernest Destefano, United States Citizenship and Immigration Services. (Yates, Christopher) (Entered: 11/23/2020)

RECAP
67 Nov. 25, 2020

ORDER granting 66 Motion to Amend/Correct. Signed by Chief Judge Algenon L. Marbley on 11/25/2020. (cw) (Entered: 11/25/2020)

RECAP
68 Dec. 4, 2020

STATUS REPORT Defendants' Report Pursuant to Consent Order, and Amendment (ECF Nos. 55, 66) for December 4, 2020, next report pursuant to order due December 18, 2020 by Defendant United States Citizenship and Immigration Services. (Yates, Christopher) (Entered: 12/04/2020)

RECAP
69 Dec. 18, 2020

STATUS REPORT Defendants' Report Pursuant to Consent Order, and Amendment (ECF Nos. 55, 66) for December 18, 2020, next report pursuant to order due December 30, 2020 by Defendant United States Citizenship and Immigration Services. (Yates, Christopher) (Entered: 12/18/2020)

RECAP
70 Dec. 30, 2020

STATUS REPORT Defendants' Report Pursuant to Consent Order, and Amendment (ECF Nos. 55, 66) for December 30, 2020, next report pursuant to order due January 15, 2021 by Defendant United States Citizenship and Immigration Services. (Yates, Christopher) (Entered: 12/30/2020)

RECAP
71 Jan. 15, 2021

STATUS REPORT Defendants' Report Pursuant to Consent Order, and Amendment (ECF Nos. 55, 66) for January 15, 2021, next report pursuant to order due January 29, 2021 by Defendant United States Citizenship and Immigration Services. (Yates, Christopher) (Entered: 01/15/2021)

RECAP
72 Jan. 29, 2021

STIPULATION of Dismissal or Joint Final Certification Pursuant to Consent Order, ECF No. 55 by Defendant United States Citizenship and Immigration Services. (Yates, Christopher) (Entered: 01/29/2021)

Clearinghouse
73 March 17, 2021

ORDER APPROVING Joint Final Certification pursuant to the Consent Order. This Court's jurisdiction is TERMIANTED, Plaintiffs' claims are DISMISSED WITH PREJUDICE. Signed by Chief Judge Algenon L. Marbley on 3/17/2021. (cw) (Entered: 03/17/2021)

RECAP
74 March 17, 2021

CLERK'S JUDGMENT entered pursuant to Order signed by Chief Judge Algenon L. Marbley on 3/17/2021. (cw) (Entered: 03/17/2021)

RECAP

Case Details

State / Territory:

Ohio

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: July 22, 2020

Closing Date: March 17, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All immigrants whose Applications for Employment Authorization were approved by USCIS but who have not received Employment Authorization Documents (EADs) from the agency. The putative class includes approximately 75,000 members.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Federal

Acting Director of USCIS

Chief of the Office of Intake and Document Production

United States Citizenship and Immigration Services

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Due Process: Substantive Due Process

Other Dockets:

Southern District of Ohio 2:20-cv-03707

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Recordkeeping

Reporting

Amount Defendant Pays: $90,000

Issues

General/Misc.:

Government services

COVID-19:

Mitigation Granted

Mitigation Requested

Immigration/Border:

Work authorization - procedures

Recommended Citation