Court Certifies Class Action for Immigrants Denied ‘Green Cards’
14 Oct 2004
Court Certifies Class Action for Immigrants Denied ‘Green Cards’
Delays Keep Lawful Permanent Residents from Work, School, Family
SAN FRANCISCO, October 14, 2004 – In a lawsuit seeking to protect the rights of thousands of immigrants nationwide, Cooley Godward LLP and the Lawyers’ Committee for Civil Rights Under the Law of Texas (Texas Lawyers' Committee) won a significant victory against the Department of Homeland Security (DHS). Federal Judge Marilyn Hall Patel granted nationwide class certification to the suit, recognizing that all of the plaintiffs had been granted the status of lawful permanent resident by Immigration Judges or by the Board of Immigration Appeals. Class certification allows the case to proceed on a nationwide basis, on behalf of thousands of lawful permanent residents (LPRs) denied proof of their lawful status, or "green cards."
John C. Dwyer, a partner at Cooley Godward, which is handling the suit on a pro bono basis, applauded the ruling. “The court's ruling today is an important first step toward forcing DHS to honor the rights granted to lawful permanent residents,” said Mr. Dwyer. “As a class action, any court order that restores the rights of the named plaintiffs will restore the rights of lawful permanent residents nationwide.”
The lawsuit, Santillan et al. v. Ashcroft et al., was filed in the United States District Court in San Francisco in July 2004. The class action suit charges that DHS offices nationwide are consistently rejecting and delaying lawful permanent residents’ requests for documentation of their LPR status. Green card delays, which have lasted for months and greater than a year in some cases, have created serious hardships for immigrants and their families. Plaintiffs in the case have lost jobs, have not been able to secure jobs, have not been able to enroll in school, and have been prohibited from visiting sick and dying relatives abroad.
“The goal of this lawsuit is for lawful permanent residents to be allowed to support their families, get an education, and enjoy the freedoms that our Constitution guarantees,” said Javier N. Maldonado, Executive Director of the Texas Lawyers' Committee. "These immigrants have complied with all the requirements for obtaining legal residency, including background checks and the review of a federal immigration judge."
In the next stages of the lawsuit, the federal court must decide whether DHS’ policies and practices are unlawful and if so, order the agency to issue temporary documentation to the plaintiffs and class members. The lawsuit seeks relief for all persons who were or will be granted LPR status in U.S. immigration courts.
The pubic interest partnership of Cooley Godward's Pro Bono practice and the non-profit Texas Lawyers' Committee has been facilitated by the Litigation Assistance Partnership Project (LAPP) of the American Bar Association (ABA).
Profiles of several of the plaintiffs in the case follow. You can receive a full copy of the class certification order by going to www.cooley.com/LPR or www.txlawyerscommittee.org.
Flora R. of Merced, CA, a native of Mexico, has lived in the U.S. for almost 20 years.In May 2003, she was granted LPR status on the basis that she and her mother were victims of abuse by her father.To date, over 16 months later, Flora R. still has not received proof of that status.Flora R. lost her job with a major retail chain, where she was about to be promoted, because she could not prove she was authorized to work.
Anita L. of Bronx, NY is a native of Nigeria who has resided continuously in the U.S. since 1988.Anita L. was granted LPR status in July 2003 because her removal would have caused hardship to her two U.S. citizen children.Without her green card, she was denied a social security card, could not get her driver's license, and could visit relatives she had not seen in sixteen years.After the filing of this lawsuit and more than sixteen (16) months since she was granted LPR status, Anita L. received evidence of her legal status.
Marcos S. of Covina, CA, a native of Honduras, was granted LPR status in December 2003 on the basis that he was an orphan in need of long-term foster care.Because he did not receive proof of status, Marcos S. could not enroll in a community college to obtain his high school diploma, nor could he work to support himself.In Sep. 2004, Marcos S. received his green card and can now pursue his educational goals.
Ziber I. of Wisconsin Rapids, WI is a native of Macedonia.Ziber I. was granted LPR status on the basis of his marriage to a U.S. citizen.Ziber I. was not allowed to travel to Macedonia to see his ten-year-old daughter and his mother, who is elderly and very ill.After over a year and since the filing of this lawsuit, Ziber I. received proof of legal resident status allowing him to visit his family and re-enter the United States lawfully.
Zoila L. of Miami, FL, a native of Guatemala, was granted LPR status in October 2003 under the Nicaraguan Adjustment and Central American Relief Act.Because she did not receive any documentation of her LPR status, Zoila L. could not renew her driver’s license which she needed to drive to work, take her children to school and attend English classes.After the filing of this lawsuit, and nine (9) months after being granted her LPR status, Zoila received her proof of status and is now in a better position able to take care of her family.
Angela D. of Elgin, IL was born in Mexico.She was granted LPR status in September 2003 based on her marriage to a U.S. Citizen.Angela D. twice went to DHS offices to request a temporary stamp on her passport evidencing registration as a LPR, but she was turned away.Angela D. could not travel to Mexico to see her grandfather and her aunt who are both very ill.After the filing of this lawsuit, in August 2004 Angela D. was granted evidence of LPR status, allowing her to visit her family and re-enter the United States lawfully.
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About Cooley Godward LLP
Nationally recognized for our successful work in complex commercial litigation and pioneering business transactional services, Cooley Godward is a leading national law firm with an award-winning Pro Bono practice. Last year, more than 300 Cooley attorneys contributed over 28,000 hours to non-profit organizations, disadvantaged communities and low-income families. For more information about Cooley Godward’s Pro Bono practice, visit www.cooley.com/probono.
The Lawyers’ Committee for Civil Rights under Law of Texas (Texas Lawyers' Committee) is a non-profit civil rights organization dedicated to protecting and defending the rights of immigrants and refugees through education, advocacy and litigation. For more information, visit www.txlawyerscommittee.org.
The Litigation Assistance Partnership Project (LAPP) is a program of the American Bar Association (ABA) Section of Litigation that links the pro bono resources of private firms with legal service and public interest programs across the country. Please visit www.abanet.org/litigation/lapp/home.html.
14 Oct 2004
Court Certifies Class Action for Immigrants Denied ‘Green Cards’
Delays Keep Lawful Permanent Residents from Work, School, Family
SAN FRANCISCO, October 14, 2004 – In a lawsuit seeking to protect the rights of thousands of immigrants nationwide, Cooley Godward LLP and the Lawyers’ Committee for Civil Rights Under the Law of Texas (Texas Lawyers' Committee) won a significant victory against the Department of Homeland Security (DHS). Federal Judge Marilyn Hall Patel granted nationwide class certification to the suit, recognizing that all of the plaintiffs had been granted the status of lawful permanent resident by Immigration Judges or by the Board of Immigration Appeals. Class certification allows the case to proceed on a nationwide basis, on behalf of thousands of lawful permanent residents (LPRs) denied proof of their lawful status, or "green cards."
John C. Dwyer, a partner at Cooley Godward, which is handling the suit on a pro bono basis, applauded the ruling. “The court's ruling today is an important first step toward forcing DHS to honor the rights granted to lawful permanent residents,” said Mr. Dwyer. “As a class action, any court order that restores the rights of the named plaintiffs will restore the rights of lawful permanent residents nationwide.”
The lawsuit, Santillan et al. v. Ashcroft et al., was filed in the United States District Court in San Francisco in July 2004. The class action suit charges that DHS offices nationwide are consistently rejecting and delaying lawful permanent residents’ requests for documentation of their LPR status. Green card delays, which have lasted for months and greater than a year in some cases, have created serious hardships for immigrants and their families. Plaintiffs in the case have lost jobs, have not been able to secure jobs, have not been able to enroll in school, and have been prohibited from visiting sick and dying relatives abroad.
“The goal of this lawsuit is for lawful permanent residents to be allowed to support their families, get an education, and enjoy the freedoms that our Constitution guarantees,” said Javier N. Maldonado, Executive Director of the Texas Lawyers' Committee. "These immigrants have complied with all the requirements for obtaining legal residency, including background checks and the review of a federal immigration judge."
In the next stages of the lawsuit, the federal court must decide whether DHS’ policies and practices are unlawful and if so, order the agency to issue temporary documentation to the plaintiffs and class members. The lawsuit seeks relief for all persons who were or will be granted LPR status in U.S. immigration courts.
The pubic interest partnership of Cooley Godward's Pro Bono practice and the non-profit Texas Lawyers' Committee has been facilitated by the Litigation Assistance Partnership Project (LAPP) of the American Bar Association (ABA).
Profiles of several of the plaintiffs in the case follow. You can receive a full copy of the class certification order by going to www.cooley.com/LPR or www.txlawyerscommittee.org.
Flora R. of Merced, CA, a native of Mexico, has lived in the U.S. for almost 20 years.In May 2003, she was granted LPR status on the basis that she and her mother were victims of abuse by her father.To date, over 16 months later, Flora R. still has not received proof of that status.Flora R. lost her job with a major retail chain, where she was about to be promoted, because she could not prove she was authorized to work.
Anita L. of Bronx, NY is a native of Nigeria who has resided continuously in the U.S. since 1988.Anita L. was granted LPR status in July 2003 because her removal would have caused hardship to her two U.S. citizen children.Without her green card, she was denied a social security card, could not get her driver's license, and could visit relatives she had not seen in sixteen years.After the filing of this lawsuit and more than sixteen (16) months since she was granted LPR status, Anita L. received evidence of her legal status.
Marcos S. of Covina, CA, a native of Honduras, was granted LPR status in December 2003 on the basis that he was an orphan in need of long-term foster care.Because he did not receive proof of status, Marcos S. could not enroll in a community college to obtain his high school diploma, nor could he work to support himself.In Sep. 2004, Marcos S. received his green card and can now pursue his educational goals.
Ziber I. of Wisconsin Rapids, WI is a native of Macedonia.Ziber I. was granted LPR status on the basis of his marriage to a U.S. citizen.Ziber I. was not allowed to travel to Macedonia to see his ten-year-old daughter and his mother, who is elderly and very ill.After over a year and since the filing of this lawsuit, Ziber I. received proof of legal resident status allowing him to visit his family and re-enter the United States lawfully.
Zoila L. of Miami, FL, a native of Guatemala, was granted LPR status in October 2003 under the Nicaraguan Adjustment and Central American Relief Act.Because she did not receive any documentation of her LPR status, Zoila L. could not renew her driver’s license which she needed to drive to work, take her children to school and attend English classes.After the filing of this lawsuit, and nine (9) months after being granted her LPR status, Zoila received her proof of status and is now in a better position able to take care of her family.
Angela D. of Elgin, IL was born in Mexico.She was granted LPR status in September 2003 based on her marriage to a U.S. Citizen.Angela D. twice went to DHS offices to request a temporary stamp on her passport evidencing registration as a LPR, but she was turned away.Angela D. could not travel to Mexico to see her grandfather and her aunt who are both very ill.After the filing of this lawsuit, in August 2004 Angela D. was granted evidence of LPR status, allowing her to visit her family and re-enter the United States lawfully.
--------------------------------------------------------------------------------
About Cooley Godward LLP
Nationally recognized for our successful work in complex commercial litigation and pioneering business transactional services, Cooley Godward is a leading national law firm with an award-winning Pro Bono practice. Last year, more than 300 Cooley attorneys contributed over 28,000 hours to non-profit organizations, disadvantaged communities and low-income families. For more information about Cooley Godward’s Pro Bono practice, visit www.cooley.com/probono.
The Lawyers’ Committee for Civil Rights under Law of Texas (Texas Lawyers' Committee) is a non-profit civil rights organization dedicated to protecting and defending the rights of immigrants and refugees through education, advocacy and litigation. For more information, visit www.txlawyerscommittee.org.
The Litigation Assistance Partnership Project (LAPP) is a program of the American Bar Association (ABA) Section of Litigation that links the pro bono resources of private firms with legal service and public interest programs across the country. Please visit www.abanet.org/litigation/lapp/home.html.
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