08 Civ 2354

Background: Milanes was filed in 2008 against the United States Citizenship and Immigration Services (“USCIS”) and the Federal Bureau of Investigation (“FBI”) on behalf of a class of lawful permanent residents challenging unreasonable delays in the processing of their naturalization applications and USCIS’s policy, implemented in 2002, of refusing to adjudicate naturalization applications without waiting for the results of the FBI name check and dramatically expanding the scope of the FBI name check.  Shortly after filing the complaint, Plaintiffs moved for class certification and a preliminary injunction ordering Defendants to adjudicate the naturalization applications of all class members in time for those found eligible to be able to register to vote in the November 2008 election. Defendants filed a motion to dismiss, which the court granted.  Plaintiffs appealed to the U.S. Court of Appeals for the Second Circuit and prevailed to the extent of avoiding dismissal on the grounds of mootness; the judgment was vacated in part and remanded to the District Court for reconsideration of the motion for class certification.  Plaintiffs and Defendants agreed to a settlement, which was so ordered by the Court on September 20, 2010, pursuant to which USCIS must provide reports to Plaintiffs about their progress in adjudicating the applications of members of the class.

NYLAG Co-counsel: Weil, Gotshal & Manges LLP; LatinoJustice-PRLDEF

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