Case: Yakubova v. Chertoff

1:06-cv-03203 | U.S. District Court for the Eastern District of New York

Filed Date: June 28, 2006

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On June 28, 2006, individuals residing in New York State who properly filed their immigration naturalization papers filed this class action lawsuit in the U.S. District Court for the Eastern District of New York. The plaintiffs sued the United States Citizenship and Immigration Services (CIS), alleging that the federal government had a custom and practice of failing to grant or deny the plaintiffs' applications for naturalization within 120 days of their initial examinations, and of unlawfully …

On June 28, 2006, individuals residing in New York State who properly filed their immigration naturalization papers filed this class action lawsuit in the U.S. District Court for the Eastern District of New York. The plaintiffs sued the United States Citizenship and Immigration Services (CIS), alleging that the federal government had a custom and practice of failing to grant or deny the plaintiffs' applications for naturalization within 120 days of their initial examinations, and of unlawfully withholding and unreasonably delaying the adjudication of applications for naturalization. The plaintiffs alleged that in addition to not processing naturalization applications within 120 days, the government also failed to complete criminal background checks within a reasonable time, therefore denying them substantial and unique benefits of citizenship such as the right to vote, the right to obtain passports, and the right to file visa petitions for family members. The complaint asserted violations of the Immigration and Nationality Act, 8 U.S.C 1447(b), and the Administrative Procedure Act, 5 U.S.C. 706(1).

The plaintiffs, who were represented by attorneys for the New York Legal Assistance Group, requested a preliminary injunction and class certification. The government moved to dismiss the case and to sever the claims of the individual plaintiffs into separate cases.

The District Court (Judge Edward R. Korman) denied the defendants' motion to dismiss on November 2, 2006, except as to one plaintiff whose naturalization was to be granted by CIS. The Court also denied the plaintiffs' motion for class certification and the defendants' motion to sever as premature because discovery was not complete.

On July 3, 2008, the parties reached a settlement agreement. Under the terms of the agreement, the defendants agreed to adjudicate at least 90% of the naturalization applications that had been pending in the Eastern District of New York for at least 120 days on or before August 25, 2008. They further agreed to provide reports to the plaintiffs regarding the details of their actions before September 2, 2008.

This case is now closed.

Summary Authors

Miles Chan (7/21/2007)

Allison Hight (3/19/2016)

People


Judge(s)
Attorney for Plaintiff

Avrasina, Olga (New York)

Berkman, Deborah (New York)

Drook , Helen (New York)

Attorney for Defendant

Campbell, Benton J (New York)

Expert/Monitor/Master/Other

Davis, Bruce E. (South Carolina)

Documents in the Clearinghouse

Documents in this case

1:06-cv-03203

Docket

July 7, 2008

July 7, 2008

Docket
3

1:06-cv-03203

Motion for Preliminary Injunction and Class Action Certification

Yakubova v. Chertoff

June 29, 2006

June 29, 2006

Pleading / Motion / Brief
16

1:06-cv-03203

Response to Plaintiff's Motion for Injunction and Class Action Certification

Yakubova v. Chertoff

July 31, 2006

July 31, 2006

Pleading / Motion / Brief
23

1:06-cv-03203

Memorandum in Support of Motion to Dismiss

Sept. 1, 2006

Sept. 1, 2006

Order/Opinion

2006 WL 5305110

31

1:06-cv-03203

Memorandum and Order

Yakubova v. Chertoff

Nov. 2, 2006

Nov. 2, 2006

Order/Opinion

2006 WL 6589892

50

1:06-cv-03203

Amended Complaint

Nov. 13, 2007

Nov. 13, 2007

Complaint
68

1:06-cv-03203

Stipulation and Agreement of Settlement and Release

July 7, 2008

July 7, 2008

Settlement Agreement

Docket

Last updated March 27, 2025, 8:52 a.m.

ECF Number Date Description Link
1 June 28, 2006

COMPLAINT against Emilio Gonzalez, Mary Ann Gantner, Alberto Gonzales, Robert S. Mueller, Michael Chertoff Summons not issued., filed by Raisa Yakubova, Emma Unguryan, Bella Vesnovskaya, David Vesnovskiy, Vyacheslav Volosikov, Shehata Awad Ibrahim. (Attachments: # 1 Civil Cover Sheet)(Bowens, Priscilla) (Entered: 06/29/2006)

Clearinghouse
2 June 28, 2006

MOTION for Leave to Proceed in forma pauperis by Raisa Yakubova, Emma Unguryan, Bella Vesnovskaya, David Vesnovskiy, Vyacheslav Volosikov, Shehata Awad Ibrahim. (Bowens, Priscilla) (Entered: 06/29/2006)

PACER
3 June 29, 2006

MOTION for Preliminary Injunction and Class Certification by all plaintiffs. (Stevens, Jane) (Entered: 06/29/2006)

Clearinghouse
4 June 29, 2006

AFFIDAVIT of Raisa Yakubova in Support of Order to Show Cause by Raisa Yakubova. (Stevens, Jane) (Entered: 06/29/2006)

PACER
5 June 29, 2006

AFFIDAVIT of Emma Unguryan in Support of Order to Show Cause by Emma Unguryan. (Stevens, Jane) (Entered: 06/29/2006)

PACER
6 June 29, 2006

AFFIDAVIT of Bella Vesnovskaya in Support of Order to Show Cause by Bella Vesnovskaya. (Stevens, Jane) (Entered: 06/29/2006)

PACER
7 June 29, 2006

AFFIDAVIT of David Vesnovskiy in Support of Order to Show Cause by David Vesnovskiy. (Stevens, Jane) (Entered: 06/29/2006)

PACER
8 June 29, 2006

AFFIDAVIT of Vyacheslav Volosikov by Vyacheslav Volosikov. (Stevens, Jane) (Entered: 06/29/2006)

PACER
9 June 29, 2006

AFFIDAVIT of Shehata Awad Ibrahim in Support of Order to Show Cause by Shehata Awad Ibrahim. (Stevens, Jane) (Entered: 06/29/2006)

PACER
10 June 29, 2006

AFFIDAVIT of Deborah Berkman in Support of Order to Show Cause by Raisa Yakubova. (Stevens, Jane) (Entered: 06/29/2006)

PACER
11 June 29, 2006

NOTICE of Appearance by Caroline Jane Hickey on behalf of all plaintiffs (Hickey, Caroline) (Entered: 06/29/2006)

12 June 30, 2006

NOTICE of Appearance by Deborah Berkman on behalf of all plaintiffs (Berkman, Deborah) (Entered: 06/30/2006)

PACER
June 30, 2006

Email Notification Test − DO NOT REPLY (Fernandez, Erica) (Entered: 06/30/2006)

PACER
June 30, 2006

Judge Edward R. Korman added. Judge Frederic Block no longer assigned to case. (Brown, Marc) (Entered: 06/30/2006)

PACER
13 July 6, 2006

AFFIDAVIT OF SERVICE OF SUMMONS AND COMPLAINT by Raisa Yakubova. (Berkman, Deborah) (Entered: 07/06/2006)

PACER
14 July 6, 2006

AFFIDAVIT AFFIRMATION OF SERVICE OF SUMMONS AND COMPLAINT by Raisa Yakubova. (Berkman, Deborah) (Entered: 07/06/2006)

PACER
15 July 19, 2006

Letter dated 7/5/06 from Scott Dunn to Judge Korman, requesting that the Order to Show Cause be set for 7/27/06 at 2:00, or another date and time near that date convenient to the court. (Piper, Francine) (Entered: 07/19/2006)

PACER
16 July 31, 2006

MEMORANDUM in Opposition TO PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION AND FOR CLASS CERTIFICATION by Michael Chertoff. (Dunn, Scott) (Entered: 07/31/2006)

Clearinghouse
17 July 31, 2006

AFFIDAVIT in Opposition DECLARATION OF GLEN ANDREW SCOTT by Michael Chertoff. (Dunn, Scott) (Entered: 07/31/2006)

PACER
18 July 31, 2006

AFFIDAVIT in Opposition DECLARATION OF MICHAEL A. CANNON by Michael Chertoff. (Dunn, Scott) (Entered: 07/31/2006)

PACER
19 July 31, 2006

AFFIDAVIT in Opposition DECLARATION OF MARY ANN GANTNER by Michael Chertoff. (Dunn, Scott) (Entered: 07/31/2006)

PACER
20 Aug. 2, 2006

Letter withdrawing request for preliminary injunction and requesting adjournment of that part of plaintiffs' Order to Show Cause regarding class certification by Raisa Yakubova. (Berkman, Deborah) (Entered: 08/02/2006)

PACER
21 Aug. 8, 2006

Letter regarding scheduling by Raisa Yakubova. (Berkman, Deborah) (Entered: 08/08/2006)

PACER
22 Aug. 10, 2006

Letter dated 8/2/06 from Jane Greengold Stevens to Judge Korman, writing to inform the court that as a result of successful negotiations, pltfs. withdraw without prejudice to renew their request for a preliminary injunction. (Greene, Donna) (Entered: 08/10/2006)

PACER
23 Sept. 1, 2006

MEMORANDUM in Support MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS AND IN OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION by Michael Chertoff. (Dunn, Scott) (Entered: 09/01/2006)

Clearinghouse
24 Sept. 1, 2006

AFFIDAVIT in Support DECLARATION OF GWYNNE K. MacPHERSON by Michael Chertoff. (Dunn, Scott) (Entered: 09/01/2006)

PACER
25 Sept. 1, 2006

AFFIDAVIT in Support SUPPLLEMENTAL DECLARATION OF MICHAEL A. CANNON by Michael Chertoff. (Dunn, Scott) (Entered: 09/01/2006)

PACER
26 Sept. 22, 2006

MEMORANDUM in Opposition to Defendants Motion to Dismiss and in Further Support of Plaintiffs' Motion for Class Certification by all plaintiffs. (Hickey, Caroline) (Entered: 09/22/2006)

PACER
27 Oct. 6, 2006

NOTICE by Michael Chertoff NOTICE OF MOTION (Dunn, Scott) (Entered: 10/06/2006)

PACER
28 Oct. 6, 2006

REPLY in Support REPLY MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS by Michael Chertoff. (Attachments: # 1 Attachment)(Dunn, Scott) (Entered: 10/06/2006)

PACER
29 Oct. 18, 2006

Letter by Michael Chertoff. (Attachments: # 1)(Dunn, Scott) (Entered: 10/18/2006)

PACER
Oct. 18, 2006

NOTICE: The hearing currently scheduled for 10/20/2006 @ 10:00am is ADJOURNED to Thurs., Oct. 26, 2006 @ 3:00pm. The parties are to confirm with each other. (Korman, Edward) (Entered: 10/18/2006)

30 Oct. 26, 2006

Minute Entry for proceedings held before Edward R. Korman : Motion Conference held on 10/26/2006. Argument heard. Decision entered on the record. Written order to issue. (Court Reporter Loan Hong.) (Piper, Francine) (Entered: 11/01/2006)

PACER
31 Nov. 2, 2006

ORDER denying 3 Motion for Preliminary InjunctionThe defendants? motion to dismiss is denied except as to plaintiff Shehata Awadibrahim, as to whom the motion is granted without prejudice due to his imminent naturalization by CIS. The plaintiffs? motion for class certification and defendants? motion to sever the action are denied as premature without prejudice to renewal after the completion of discovery. . Ordered by JudgeEdward R. Korman on Nov. 1, 2006. (Korman, Edward) (Entered: 11/02/2006)

Clearinghouse
32 Nov. 2, 2006

SCHEDULING ORDER: Initial Conference set for 12/7/2006 12:00 PM in 13C South before Magistrate−Judge Roanne L. Mann. Ordered by Judge Roanne L. Mann on 11/02/06. (Maynard, Pat) (Entered: 11/02/2006)

PACER
33 Nov. 9, 2006

ORDER endorsed on letter dated 6/28/06 from Scott Dunn to Mag. Mann. The applicationis is granted. OSC on 7/27/06 at 3pm before J. Korman. Movant to notify all parties. Ordered by Judge Edward R. Korman on 7/7/06. (Greene, Donna) (Entered: 11/09/2006)

PACER
34 Nov. 21, 2006

ANSWER to Complaint by Michael Chertoff.(Dunn, Scott) (Entered: 11/21/2006)

PACER
35 Dec. 6, 2006

NOTICE of Appearance by Jason Parkin on behalf of all plaintiffs (Parkin, Jason) (Entered: 12/06/2006)

PACER
36 Dec. 7, 2006

Minute Entry for proceedings held before Roanne L. Mann : Initial Conference Hearing held on 12/7/2006. Fact discovery to be completed by 6/29/07. Next settlement conference scheduled for 7/31/07 at 2:00 p.m. (Maynard, Pat) (Entered: 12/07/2006)

PACER
37 Dec. 15, 2006

TRANSCRIPT of Civil Cause for Conference held on 10/26/06 before Judge Edward R. Korman. Court Reporter: Rosalie Lombardi. (Drayton, Lorraine) (Entered: 12/15/2006)

PACER
38 Feb. 27, 2007

STIPULATION AND CONFIDENTIALITY ORDER by Michael Chertoff (Dunn, Scott) (Entered: 02/27/2007)

PACER
39 March 1, 2007

ORDER re 38 Stipulation filed by Michael Chertoff. This Court approves the Stipulation and Confidentiality Order. Ordered by Judge Roanne L. Mann on 02/28/07. (Maynard, Pat) (Entered: 03/01/2007)

PACER
40 March 2, 2007

Stipulation and Confidentiality order. Ordered by Judge Edward R. Korman on 3/1/07. C/M by Chambers. (DiLorenzo, Krista) (Entered: 03/02/2007)

PACER
41 March 2, 2007

Mail Returned as Undeliverable. Order sent to William Costigan, Esq. (DiLorenzo, Krista) (Entered: 03/02/2007)

PACER
42 May 3, 2007

STIPULATION − Supplemental Stipulation and Confidentiality Order by Michael Chertoff (Dunn, Scott) (Entered: 05/03/2007)

PACER
43 May 4, 2007

ORDER re 42 Stipulation filed by Michael Chertoff. SO−ORDERED. Ordered by Judge Roanne L. Mann on 05/04/07. (Maynard, Pat) (Entered: 05/04/2007)

PACER
44 June 11, 2007

Letter Requesting Extension of Discovery Deadlines by Raisa Yakubova (Berkman, Deborah) (Entered: 06/11/2007)

PACER
45 June 12, 2007

ORDER re 44 Letter filed by Raisa Yakubova. Application granted. Fact discovery is extended to 10/22/07. The 7/31/07 settlement conference is adjourned to 12/7/07 at 9:30 a.m. Ordered by Judge Roanne L. Mann on 06/12/07. (Maynard, Pat) (Entered: 06/12/2007)

PACER
46 Oct. 2, 2007

Letter Requesting Extension of Discovery Deadlines by Raisa Yakubova (Berkman, Deborah) (Entered: 10/02/2007)

PACER
47 Oct. 2, 2007

ENDORSED ORDER re 46 Letter filed by Raisa Yakubova. The parties' joint application to extend discovery is granted. The 12/7/07 settlement conference is adjourned to 5/30/07 at 10:00 a.m. Ordered by Judge Roanne L. Mann on 10/02/07. (Maynard, Pat) (Entered: 10/02/2007)

48 Oct. 3, 2007

CORRECTED ENDORSED ORDER re 47 Order. Letter filed by Raisa Yakubova. The parties' joint application to extend discovery is granted. The 12/7/07 settlement conference is adjourned to 5/30/08 at 10:00 a.m. Disregard docket #47.. Ordered by Judge Roanne L. Mann on 10/02/07. (Maynard, Pat) (Entered: 10/03/2007)

PACER
49 Nov. 13, 2007

STIPULATION to File an Amended Complaint by Raisa Yakubova, Emma Unguryan, Bella Vesnovskaya, David Vesnovskiy, Vyacheslav Volosikov, Shehata Awad Ibrahim (Parkin, Jason) (Entered: 11/13/2007)

PACER
50 Nov. 13, 2007

AMENDED COMPLAINT against all defendants, filed by Raisa Yakubova, Emma Unguryan, Bella Vesnovskaya, David Vesnovskiy, Vyacheslav Volosikov, Shehata Awad Ibrahim. (Parkin, Jason) (Entered: 11/13/2007)

Clearinghouse
51 Nov. 14, 2007

SO−ORDERED re 49 Stipulation To File An Amended Complaint filed by Vyacheslav Volosikov, Raisa Yakubova, Emma Unguryan, Bella Vesnovskaya, David Vesnovskiy, Shehata Awad Ibrahim. Ordered by Magistrate−Judge Roanne L. Mann on 11/14/07. (Maynard, Pat) (Entered: 11/14/2007)

PACER
52 Dec. 6, 2007

DEFENDANT'S ANSWER to 50 Amended Complaint by Michael Chertoff. (Dunn, Scott) (Entered: 12/06/2007)

PACER
53 Dec. 7, 2007

NOTICE by Michael Chertoff Defendant's Electronic Filing As Of December 6, 2007 (Dunn, Scott) (Entered: 12/07/2007)

PACER
54 Dec. 20, 2007

NOTICE of Appearance by Michael D. Sant 'Ambrogio on behalf of Raisa Yakubova, Emma Unguryan, Bella Vesnovskaya, David Vesnovskiy, Vyacheslav Volosikov, Shehata Awad Ibrahim (aty to be noticed) (Sant 'Ambrogio, Michael) (Entered: 12/20/2007)

PACER
55 May 27, 2008

Letter to Honorable Roanne L. Mann in anticipation of the conference now scheduled in this matter for May 30, 2008 by Emilio Gonzalez, Mary Ann Gantner, Alberto Gonzales, Robert S. Mueller, Michael Chertoff (Attachments: # 1 FBI BP) (Dunn, Scott) (Entered: 05/27/2008)

PACER
56 May 29, 2008

Letter to Magistrate Judge Mann in advance of the conference scheduled for May 30, 2008 by Raisa Yakubova (Berkman, Deborah) (Entered: 05/29/2008)

PACER
57 May 29, 2008

Letter to Honorable Roanne L. Mann in response to plaintiffs' letter dated May 29, 2008 by Emilio Gonzalez, Mary Ann Gantner, Alberto Gonzales, Robert S. Mueller, Michael Chertoff (Attachments: # 1 E−mails) (Dunn, Scott) (Entered: 05/29/2008)

PACER
58 May 30, 2008

Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann:Settlement Conference held on 5/30/2008. Next status conference scheduled for 6/5/08 9:00 a.m. (by phone). (Maynard, Pat) (Entered: 05/30/2008)

PACER
59 June 4, 2008

Letter to Honorable Roanne L. Mann requesting adjournment by Michael Chertoff (Dunn, Scott) (Entered: 06/04/2008)

PACER
60 June 4, 2008

ORDER re 59 : Application granted, on consent. Tomorrow's conference is adjourned to 6/16/08 at 9:30 a.m. Ordered by Magistrate Judge Roanne L. Mann on 6/4/08. (Maynard, Pat) (Entered: 06/04/2008)

PACER
61 June 16, 2008

Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann:Status Conference and Telephone Conference held on 6/16/2008. The parties are close to settlement and are granted an additional week to resolve their remaining issues. Next telephonic status conference scheduled for 6/23/08 at 12:30 p.m. (Maynard, Pat) (Entered: 06/16/2008)

PACER
62 June 23, 2008

Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann:Telephone Conference held on 6/23/2008. At the parties' request, the Court schedules a follow−up settlement conference. The parties shall submit a status report by 6/25/08. Next settlement conference scheduled for 6/27/08 at 11:30 a.m. (Maynard, Pat) (Entered: 06/23/2008)

PACER
63 June 25, 2008

Letter to inform Magistrate Judge Mann of status of settlement negotiations and to request adjournment of settlement conference by Raisa Yakubova (Berkman, Deborah) (Entered: 06/25/2008)

64 June 26, 2008

ENDORSED ORDER re 63 Letter filed by Raisa Yakubova. Application granted. Tomorrow's settlement conference is adjourned sine die. A telephonic status conference will be held on Wednesday, 7/2/08 at 12:15 p.m. Ordered by Magistrate Judge Roanne L. Mann on 06/26/08. (Maynard, Pat) (Entered: 06/26/2008)

PACER
65 July 2, 2008

Letter to Magistrate Judge Mann regarding telephone status conference by Raisa Yakubova (Berkman, Deborah) (Entered: 07/02/2008)

PACER
66 July 2, 2008

ENDORSED ORDER re 65 Letter filed by Raisa Yakubova. The parties have informed the Court that the case has settled and requests that the telephone conference scheduled for today be cancelled. The parties application is granted. Ordered by Magistrate Judge Roanne L. Mann on 07/02/08. (Maynard, Pat) (Entered: 07/02/2008)

PACER
July 3, 2008

Civil Case Terminated. It having been reported to the Court that the above action has been settled, it is ORDERED that the action is hereby discontinued, without prejudice to the right to reopen the action if the settlement is not consummated. Ordered by Senior Judge Edward R. Korman on July 3, 2008. (Susi, PaulaMarie) (Entered: 07/03/2008)

PACER
67 July 7, 2008

STIPULATION AND AGREEMENT OF RELEASE by Michael Chertoff (Dunn, Scott) (Entered: 07/07/2008)

PACER
68 July 7, 2008

STIPULATION AND AGREEMENT OF SETTLEMENT AND RELEASE. Ordered by Senior Judge Edward R. Korman on 7/8/08. (Greene, Donna) (Entered: 07/07/2008)

Clearinghouse

Case Details

State / Territory:

New York

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 28, 2006

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Class of individuals residing in New York State who properly filed their papers to be naturalized in the United States and whose applications were not adjudicated within 120 days

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

Department of Homeland Security

Federal Bureau of Investigation

United States Citizenship and Immigration Services

Case Details

Causes of Action:

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

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

Other Dockets:

Eastern District of New York 1:06-cv-03203

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

Immigration/Border:

Constitutional rights

Legalization/Amnesty

U.S. citizenship - acquiring

Recommended Citation