Santillan

MEMORANDUM AND ORDER

Plaintiffs Maria Santillan, et al. represent a class of persons who have been or will be granted lawful permanent resident status by the Justice Department’s Executive Office of Immigration Review and to whom the United States Citizenship and Immigration Services has failed to issue evidence of status as a lawful permanent resident. Following this court’s denial of defendants’ motion to dismiss, plaintiffs have moved for summary judgment that defendants’ failure to issue evidence of status violates the Administrative Procedure Act (hereinafter “APA”) and the Due Process Clause of the Fifth Amendment. Defendants have cross-moved for summary judgment that the claims of certain class members are nonjusticiable, and that defendants’ failure to issue evidence of status is lawful and reasonable. Having considered the arguments of the parties, and for the reasons set forth below, the court issues the following order.

BACKGROUND

Named plaintiffs Maria Santillan, et al., were granted the status of lawful permanent resident (“LPR”) by Immigration Judges or by the Board of Immigration Appeals, constituent courts of the Justice Department’s Executive Office of…