Employment Authorization Documents Adjudication Delays

Rosario v. USCIS, No. 2:15-cv-00813-JLR (W.D. Wash.)

Status: 
PENDING

Employment Authorization Documents Adjudication Delays

Rosario v. USCIS, No. 2:15-cv-00813-JLR (W.D. Wash.)

In this certified nationwide class action, asylum applicants whose initial applications for employment authorization documents (EADs) were not adjudicated within the 30-day period required by regulation sought a court order compelling U.S. Citizenship and Immigration Services (USCIS) to comply with the regulatory timeframe.

Following summary judgment briefing by both parties, the court ruled in Plaintiffs’ favor on July 26, 2018. The court ordered USCIS to follow the law and timely adjudicate initial EAD asylum applications. While the government initially appealed that decision, it ultimately sought dismissal of the appeal, leaving the court’s order in place.

On June 22, 2020, the government published a new rule eliminating the 30-day processing deadline for initial asylum EAD applications. 85 Fed. Reg. 37,502 (June 22, 2020). However, a different federal court held that this new rule could not be applied to members of Casa de Maryland (CASA) and Asylum Seekers Advocacy Project (ASAP). Casa de Maryland Inc. et. al. v. Chad Wolf et. al., No. 8:20-cv-02118-PX (D.D.C. Sept. 11, 2020). Therefore, members of ASAP and CASA who filed initial asylum EAD applications continued to Rosario class members entitled to adjudication with 30 days.

On February 7, 2022, a federal court vacated the June 22, 2020 rule that eliminated the 30-day processing requirement. AsylumWorks v. Mayorkas, No. 1:20-cv-03815-BAH, 2022 WL 355213 (D.D.C. Feb. 7, 2022). As a result, the full Rosario class is restored and all asylum applicants who file a request for an initial EAD are entitled to have that application processed within 30 days, with or without ASAP or CASA membership. 

For more information about the Rosario court’s order and the partial implementation plan, please read our Frequently Asked Questions.


Documents & Others


Complaint

May 22, 2015

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Plaintiffs’ Motion for Class Certification

May 22, 2015

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Plaintiffs’ Motion for Summary Judgment

July 2, 2015

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Government’s Motion to Stay Summary Judgment Proceedings

July 24, 2015

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Plaintiffs’ Opposition to Stay

August 10, 2015

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Order Denying in Part Government’s Motion to Dismiss

August 31, 2015

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Plaintiffs’ Opposition to Motion to Dismiss

September 11, 2015

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Plaintiff’s Reply in Support of Motion for Class Certification

Denying Without Prejudice Plaintiffs’ Motions for Class Certification and Summary Judgment, Denying as Moot Government’s Motion to Stay Summary Judgment Proceedings

August 10, 2015

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Amended Complaint

March 10, 2016

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Plaintiffs’ Renewed Motion for Class Certification

March 11, 2016

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Government’s Renewed Motion to Dismiss

April 18, 2016

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Government’s Opposition to Renewed Motion for Class Certification

April 25, 2016

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Plaintiffs’ Opposition to Renewed Motion to Dismiss

May 9, 2016

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Order Denying in Part Government’s Motion to Dismiss

Denying Without Prejudice Individual Plaintiffs’ Motion for Class Certification and Granting Leave to Renew That Motion

October 5, 2016

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Plaintiffs’ Third Motion for Class Certification

November 4, 2016

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Order Partially Granting Plaintiffs’ Motion for Class Certification

July 19, 2017

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Government’s Motion to Supplement the Administrative Record

October 20, 2017

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Plaintiff’s Respondent and Cross-Motion to Supplement the Record

November 22, 2017

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Government’s Reply in Support of Motion to Supplement

December 8, 2017

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Plaintiff’s Reply in Support of Cross-Motion

December 20, 2017

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Plaintiffs' Motion for Summary Judgment

May 17, 2018

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Defendants' Motion for Summary Judgment

May 17, 2018

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Plaintiffs' Opposition to Defendants' Motion for Summary Judgment

July 2, 2018

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Defendant's Opposition to Plaintiffs' Motion for Summary Judgment

July 2, 2018

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Plaintiffs' Reply in Support of Plaintiffs' Motion for Summary Judgment

July 16, 2018

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Defendants' Reply in Support of Defendants' Motion for Summary Judgment

July 16, 2018

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Judgment

July 26, 2018

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Order Granting Plaintiffs' Motion for Summary Judgment and Denying Defendants' Motion for Summary Judgment

July 26, 2018

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Joint Statement

September 14, 2018

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Agreed Implementation Plan

September 14, 2018 

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Notice of Appeal

September 21, 2018

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Defendants’ June 2019 Compliance Report

june 26, 2019

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Defendants’ July 2019 Compliance Report

August 26, 2019

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Defendants’ December 2019 Compliance Report

February 3, 2020

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Defendants’ January 2020 Compliance Report

February 21, 2020

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Order Granting Defendants' Motion to Dismiss Their Appeal

May 5, 2020

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Plaintiffs' Response to Motion to Vacate

August 17, 2020

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Defendants' Notice Withdrawing Motion to Vacate

August 20, 2020

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Plaintiffs’ Motion for Contempt and Declarations in Support

March 25, 2021

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Defendants’ July 2022 Compliance Report

July 31, 2022

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Plaintiffs' Motion for Civil Contempt and to Enforce Permanent Injunction

August 25, 2022

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Defendants’ August 2022 Compliance Report

September 2, 2022

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Defendants’ Response to Plaintiffs’ Motion for Contempt

September 12, 2022

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Declaration of Connie Nolan

September 12, 2022

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Plaintiffs’ Reply in Support of Contempt

September 16, 2022

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Defendants' Response to Court's Questions

September 27, 2022

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Order Denying Plaintiffs' Contempt Motion

September 27, 2022

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Defendants' October 2022 Compliance Report

November 4, 2022

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Defendants' November 2022 Compliance Report

December 5,2022

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Defendants' December 2022 Compliance Report

January 5, 2023

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Connie Nolan Declaration

January 5, 2023

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Plaintiffs' Third Motion for Contempt

January 26, 2023

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S.R.R. Declaration

January 26, 2023

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Connie Nolan Declaration

February 6, 2023

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Defendants' Opposition to Third Contempt Motion

February 6, 2023

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Plaintiffs' Reply in Support of Third Motion for Contempt

February 10, 2023

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Order Denying Third Motion for Contempt

February 14, 2023

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Defendants' March 2023 Compliance Report

April 3, 2023

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Defendants' April 2023 Compliance Report

May 4, 2023

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Defendants' May 2023 Compliance Report

June 5, 2023

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Defendants' June 2023 Compliance Report

July 5, 2023

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Defendants' July 2023 Compliance Report

August 2, 2023

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Defendants' August 2023 Compliance Report

September 5, 2023

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Defendants' December 2023 Compliance Report

January 4, 2024

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Defendants' July 2024 Six Month Compliance Report

July 3, 2024

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