Nightingale v. U.S. Citizenship And Immigration Services

507 F. Supp. 3d 1193 (2020)

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

Class certification was 'appropriate in these extraordinary circumstances' because Ps 'established that noncitizens nationwide experience significant delays in obtaining their A-Files and that such delays are harmful to their immigration cases.' Ps now move for summary judgment and seek an order (i) declaring this pattern or practice unlawful, (ii) permanently enjoining Ds from violating FOIA, (iii) ordering the elimination of existing backlogs within thirty (30) days, (iv) requiring regular compliance reports to the court and class counsel, and (v) ordering Ds to provide notice and a uniform procedural mechanism that will ensure that class members in removal proceedings can request and receive A-Files in a timely manner. Ds cross-move for summary judgment on grounds that Ps have failed to establish a pattern or practice claim.

Issues

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Holding & Decision

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Legal Analysis

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