STEPHEN W MANNING, OSB No. 01337 email: smanning@i1grp.com JENNIFER M ROTMAN, OSB No. 04134 email: jrotman@ilgrp.com JESSICA M BOELL, OSB No. 02022 email: jboell@ilgrp.com
IMMIGRANT LAW GROUP LLP PO Box 40103 Portland OR 97240 Tel. (503) 241.0035 Fax (503) 241.7733
MATT ADAMS, WSBA #28287 (Fro Hac Vice Pending) email: matt@nwirp.org
NORTHWEST IMMIGRANT RIGHTS PROJECT 615 6TH Avenue Suite 400 Seattle, WA 98104 Tel. (206) 957-8611 Fax (206) 587-4025
Attorneys for Plaintiffs

FIlE1r0? AUG 2812:59JSD(}(RP

UNITED STATES DISTRICT COURT DISTRICT OF OREGON

SERVICE EMPLOYEES INTERNATIONAL UNION, an organization; and, PINEROS Y CAMPESINOS UNIDOS DEL NOROESTE, an organization,
Plaintiffs,
v.
Michael Chertoff, Secretary of Homeland Security of the united States; Emilio T. Gonzalez, Director, United States Citizenship and Immigration Services,
Defendants.

A Civil Action COMPLAINT FOR
DECLARATORY AND INJUNCTIVE RELIEF Under 5 U.S.C. § 701
REQUEST FOR ORAL ARGUMENT
1

C)C d4-%3

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF This is an action brought under the auspices of the Administrative Procedures Act, 5 U.S.C. § 701, for declaratory, injunctive and other appropriate relief. Plaintiffs challenge as unlawful Defendants' rule imposing excessive fees for adjudication and naturalization services because it violates section 286 of the Immigration and Nationality Act and the Constitution of the United States.

Subject Matter Jurisdiction

1. This Court has subject matter jurisdiction for

declaratory and injunctive relief under 28 U.S.C. § 1331, the

general federal question statute .

Venue

2. Venue lies in the District of Oregon because that is

where the Plaintiffs reside, where the events giving rise to

this action occurred, and where Defendants reside. 28 U.S.C. §

1391 (e) .

parties

3. Plaintiff, Service Employees International Union

(SEIU), is the nation's largest and fastest growing union.

SEIU's mission is to improve the lives of workers and their

families and to create a more just and humane society. They

have some 1.9 million registered members many of whom are
2

immigrants of all nationalities. These individuals include 900,000 hospital, nursing home and home care workers and approximately 225,000 members who work in property services.
4. Plaintiff, Pineros y Campesinos Unidos del Noroeste (Northwest Treeplanters and Farmworkers United) (PCUN), is Oregon's union of farm workers, nursery, and reforestation workers, and Oregon's largest Latino organization. PCUN's fundamental goal is to empower farm workers to understand and take action against systematic exploitation and all of its effects. To achieve this end, PCUN is involved in community and workplace organizing on many different levels. Founded in 1985 by 80 farm workers, PCUN has since grown to include more than 5,000 registered members. Ninety-eight percent of the members are Mexican and Central American immigrants.
5. Defendant, Michael Chertoff is the Secretary of Homeland Security and is being sued in his official capacity. In his official capacity, Mr. Chertoff is in charge of administering the immigration laws of the United States.
6. Defendant, Emilio T. Gonzalez is the Director of the United States Citizenship and Immigration Services, a component agency of the Department of Homeland Security and is being sued in his official capacity. In his official capacity, Mr. Gonzalez is in charge of administering the immigration laws of
the United States.
3

Statement of Claim 7. SEIU is a membership-based organization headquartered in' Washington, D.C. with some 300 local union affiliations across the United States. It has approximately 1.9 million members and many of its members are immigrants from all nationalities. It is organized to represent its members in labor and community-based issues. Many of its immigrant members have and will file applications under the Immigration and Nationality Act and have and will be charged fees for making such applications. 8. PCUN is a membership-based organization located in Woodburn, Oregon. It has several thousand members, many of whom are immigrants. It is organized to represent its members in labor and community-based issues. Many of its immigrant members have and will file applications under the Immigration and Nationality Act and have and will be charged fees for making such applications. 9. On March 1, 2003, service and benefit functions of the U.S. Immigration and Naturalization Service (INS) transitioned into the Department of Homeland Security (DHS) and is now called United States Citizenship and Immigration Services (USCIS). USCIS's responsibilities include providing adjudication and naturalization services; creating and maintaining information record systems; disseminating information about administrative
4

procedures, processing times, and how to complete immigration forms; processing and producing information under the Freedom of Information Act and Privacy Act; communicating with Congress about legislative matters; and maintaining its physical infrastructure, among other activities.
10. Some of the most important responsibilities delegated to USCIS, in both an individual and national sense, are providing citizenship and permanent residence services. These services include adjudicating applications filed by non-citizens seeking permanent residence or citizenship status.
11. Permanent residence is the most favored immigrant status. Qualified individuals from every country in the world seek permanent residence status in the United States each year. These individuals include persons with close family ties, persons who are highly-skilled, and persons who suffered past political persecution. Many members of PCUN and SEIU have and will seek permanent residence status.
12. United States citizenship is one of the greatest and most important individual achievements possible. Each year, many qualified individuals seek United States citizenship. For an individual who is an immigrant, United States citizenship bestows numerous benefits, the most central of which is the ability to fully participate in the political process. Many
5

members of PCUN and SEru have and will seek United States citizenship.
13. Each day, qualified individuals seek benefits, such as permanent residence status or United States citizenship, to which they are entitled by statute under our nation's immigration laws. To seek these benefits, these individuals file application forms as prescribed and published by uscrs.
14. By statute, uscrs may assess an adjudication fee for providing adjudication and naturalization services. The power to assess the fee is limited by statute: the agency may not impose a fee which would exceed the costs for providing adjudication or naturalization services.
15. uscrs periodically publishes in the Federal Register a fee schedule which delineates a particular adjudication fee for each of its published forms. Adjudication fees have been assessed by the agency for many years.
16. On May 30, 2007, uscrs published a final rule implementing a new fee schedule. The published fee schedule took effect on July 30, 2007 and the fees outlined in it will be assessed against any person filing an application under the nation's immigration laws on and after that date. This final rule is called the 2007 Fee Rule.
17. rn promulgating the 2007 Fee Rule, uscrs improperly accounted for its revenue and costs by including charges
6

unrelated to adjudication and naturalization services and by misappropriating revenues controlled and imposed by Congress. USCIS's 2007 Fee Rule imposes fees on individuals which exceed the costs of providing adjudication and naturalization services.
18. The 2007 Fee Rule misstates the revenues and costs received and incurred by Defendants in the course of their statutorily authorized responsibilities.
Causes of Action 19. First Claim. Plaintiffs and their members are entitled to pay only fees authorized by statute when accessing the adjudication and naturalization services function of USCIS. USCIS's promulgation and implementation of the 2007 Fee Rule is a violation of section 286 of the Immigration and Nationality Act, and is therefore unlawful. 20. Second Claim. Plaintiffs and their members are entitled to pay only fees authorized by statute when accessing the adjudication and naturalization services function of USCIS. The 2007 Fee Rule is a revenue-raising measure which is a power not delegated to Defendants by statute. Defendants' promulgation and implementation of the 2007 Fee Rule violates the immigration and nationality organic acts, the Administrative Procedures Act, and the United States Constitution and is therefore unlawful.
7

21. Third Claim. Plaintiffs are entitled to proper accounting of revenues and costs received and incurred by Defendants. Defendants' refusal to properly account for their revenues and costs violates the Chief Financial Officers Act of 1990 (as amended), the Immigration and Nationality Act, and the Administrative Procedures Act and is therefore unlawful.
Prayer For Relief Plaintiffs respectfully pray that this Court grant the following relief: 1) Assume jurisdiction over this matter; 2) Declare that Defendants' 2007 Fee Rule is unlawful; 3) vacate the 2007 Fee Rule and instruct Defendants
regarding the statutory requirements for establishing adjudication and naturalization fees; 4) Award Plaintiffs their costs and reasonable attorneys'
fees in this action as provided by 28 u.s.c. § 2412 or
other statute; and 5) Grant such further relief as the Court deems just and
proper.
8

Respectfully submitted this 28th day of August 2007, IMMIGRANT LAW GROUP LLP, NORTHWEST IMMIGRANTS RIGHTS PROJECT,
~/',OSB'~ 01337 email: smanning@ilgrp.com JENNIFER M ROTMAN, OSB No. 04134 email: jrotman@ilgrp.com JESSICA M BOELL, OSB No. 02022 email: jboell@ilgrp.com IMMIGRANT LAW GROUP LLP PO Box 40103 Portland OR 97240 Tel. (503) 241.0035 Fax (503) 241.7733
MATT ADAMS, WSBA #28287 (Pro Hac Vice Pending) email: matt@nwirp.org NORTHWEST IMMIGRANT RIGHTS PROJECT 615 6TH Avenue Suite 400 Seattle, WA 98104 Tel. (206) 957-8611 Fax (206) 587-4025 Attorneys for Plaintiffs
9

 
 Case 3:07-cv-01286-MO Document 13 Filed 11/19/07 Page 1 of 15 Page ID#: 165

STEPHEN W MANNING, OSB No. 01337 email: smanning@ilgrp.com JENNIFER M ROTMAN, OSB No. 04134 email: jrotman@ilgrp.com JESSICA M BOELL, OSB No. 02022 email: jboell@ilgrp.com
IMMIGRANT LAW GROUP LLP PO Box 40103 Portland OR 97240 Tel. (503) 241.0035 Fax (503) 241.7733
MATT ADAMS, WSBA #28287 (Pro Hac Vice) email: matt@nwirp.org
NORTHWEST IMMIGRANT RIGHTS PROJECT 615 6TH Avenue Suite 400 Seattle, WA 98104 Tel. (206) 957-8611 Fax (206) 587-4025
Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT DISTRICT OF OREGON

SERVICE EMPLOYEES INTERNATIONAL UNION, an organization; and, PINEROS Y CAMPESINOS UNIDOS DEL NOROESTE, an organization,
Plaintiffs,
v.
Michael Chertoff, Secretary of Homeland Security of the United States; Emilio T. Gonzalez, Director, United States Citizenship and Immigration Services,
Defendants.

CV-07-01286-MO A Civil Action FIRST AMENDED COMPLAINT
FOR DECLARATORY AND INJUNCTIVE RELIEF Under 5 U.S.C. § 701 REQUEST FOR ORAL
ARGUMENT
1

Case 3:07-cv-01286-MO Document 13 Filed 11/19/07 Page 2 of 15 Page ID#: 166
FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF This is an action brought under the auspices of the
Administrative Procedures Act, 5 U.S.C. § 701, for declaratory, injunctive and other appropriate relief. Plaintiffs challenge as unlawful Defendants’ rule imposing excessive fees for adjudication and naturalization services because it violates section 286 of the Immigration and Nationality Act and the Constitution of the United States.
Subject Matter Jurisdiction 1. This Court has subject matter jurisdiction for declaratory and injunctive relief under 28 U.S.C. § 1331, the general federal question statute.
Venue 2. Venue lies in the District of Oregon because that is where the Plaintiffs reside, where the events giving rise to this action occurred, and where Defendants reside. 28 U.S.C. § 1391(e).
Parties 3. Plaintiff, Service Employees International Union (SEIU), is the nation’s largest and fastest growing union. SEIU’s mission is to improve the lives of workers and their families and creating a more just and humane society. They have some 1.9 million registered members many of whom are immigrants
2

Case 3:07-cv-01286-MO Document 13 Filed 11/19/07 Page 3 of 15 Page ID#: 167
of all nationalities. These individuals include 900,000 hospital, nursing home and home care workers and approximately 225,000 members who work in property services.
4. Plaintiff, Pineros y Campesinos Unidos del Noroeste (Northwest Treeplanters and Farmworkers United) (PCUN), is Oregon’s union of farmworkers, nursery, and reforestation workers, and Oregon’s largest Latino organization. PCUN’s fundamental goal is to empower farmworkers to understand and take action against systematic exploitation and all of its effects. To achieve this end, PCUN is involved in community and workplace organizing on many different levels. Founded in 1985 by 80 farmworkers, PCUN has since grown to include more than 5,000 registered members, 98% of which are Mexican and Central American immigrants, and to encompass a wide variety of organizing projects.
5. Defendant, Michael Chertoff, is the Secretary of Homeland Security and is being sued in his official capacity. In his official capacity, Mr. Chertoff is in charge of administering the immigration laws of the United States.
6. Defendant, Emilio T. Gonzalez, is the Director of the United States Citizenship and Immigration Services, a component agency of the Department of Homeland Security and is being sued in his official capacity. In his official capacity, Mr.
3

Case 3:07-cv-01286-MO Document 13 Filed 11/19/07 Page 4 of 15 Page ID#: 168
Gonzalez is in charge of administering the immigration laws of the United States.
Statement of Claim 7. SEIU is a membership-based organization headquartered in Washington, D.C. with some 300 local union affiliations across the United States. It has 1.9 million members and several thousand of these members are immigrants. It is organized to represent its members in labor and community-based issues. Many of its immigrant members have and will file applications under the Immigration and Nationality Act and have and will be charged fees for making such applications. 8. SEIU provides immigration legal services to its members, assists its members with disputes related to immigration status and documentation, and seeks to eliminate obstacles to citizenship, promote legalization of undocumented workers, and enroll and protect immigrant members. Many of SEIU’s members have children and small infants. 9. PCUN is a membership-based organization located in Woodburn, Oregon. It has several thousand members, many of whom are immigrants. It is organized to represent its members in labor and community-based issues including. Many of its immigrant members have and will file applications under the Immigration and Nationality Act and have and will be charged fees for making such applications.
4

Case 3:07-cv-01286-MO Document 13 Filed 11/19/07 Page 5 of 15 Page ID#: 169
10. PCUN operates a program to assist its members in filing applications before U.S. Citizenship and Immigration Services. PCUN assists its members with immigration applications and provides advice and legal representation regarding immigration matters. PCUN assists its members with disputes related to immigration status and documentation of immigration status and seeks to eliminate obstacles to citizenship, promote legalization of undocumented workers, and enroll and protect immigrant members. Many of PCUN’s members have children and small infants.
11. On March 1, 2003, service and benefit functions of the U.S. Immigration and Naturalization Service (INS) transitioned into the Department of Homeland Security (DHS) and is now called United States Citizenship and Immigration Services (USCIS). USCIS’s responsibilities include providing adjudication and naturalization services; creating and maintaining information record systems; disseminating information about administrative procedures, processing times, and how to complete immigration forms; processing and producing information under the Freedom of Information Act and Privacy Act; communicating with Congress about legislative matters; and maintaining its physical infrastructure, among other activities.
12. Of the responsibilities delegated to USCIS, some of the most important, in both an individual and national sense,
5

Case 3:07-cv-01286-MO Document 13 Filed 11/19/07 Page 6 of 15 Page ID#: 170
are providing citizenship and adjudication services. These services include adjudicating applications filed by non-citizens seeking employment authorization, permanent residence status, or citizenship status.
13. Permanent residence is the most favored immigrant status. Qualified individuals from every country in the world seek permanent residence status in the United States each year. These individuals include persons with close family ties, persons who are highly-skilled, and persons who suffered past political persecution. Permanent residence status authorizes an immigrant to work, incident to their status. Many members of PCUN and SEIU have and will seek permanent residence status.
14. United States citizenship is one of the greatest and most important individual achievements possible. Each year, many qualified individuals seek United States citizenship. For an individual who is an immigrant, United States citizenship bestows numerous benefits, the most central of which is the ability to fully participate in the political process. Many members of PCUN and SEIU have and will seek United States citizenship.
15. Each day, qualified individuals seek benefits, such as work authorization, permanent residence status, or United States citizenship, to which they are entitled by statute under our nation’s immigration laws. To seek these benefits, these
6

Case 3:07-cv-01286-MO Document 13 Filed 11/19/07 Page 7 of 15 Page ID#: 171
individuals file application forms as prescribed and published by USCIS.
16. USCIS incurs expenses for adjudicating benefits applications, naturalizing individuals, and collecting the fees it receives.
17. USCIS incurs expenses for items that are unrelated to its adjudication and naturalization services, including but not limited to, processing requests under the Freedom of Information Act and Privacy Act, providing information to the public about USCIS, marketing and branding their services to Congress and to the public, investigating corruption within its employees and contractors, out-sourcing tasks to private contractors, completing address changes and registration changes under 8 U.S.C. § 1305, resettling Cuban and Haitian entrants, transferring and maintaining records for disposition with the National Archives and Records Administration, reimbursing prevailing parties their attorneys fees and costs under the Equal Access to Justice Act, maintaining and controlling records for use by non-USCIS enforcement divisions, engaging in fraud detection and prevention within the temporary worker programs, and other expenses.
18. USCIS incurs expenses for out-sourced contracting. USCIS out-sources adjudication, naturalization, customerservice, enforcement and other tasks delegated to it by Congress
7

Case 3:07-cv-01286-MO Document 13 Filed 11/19/07 Page 8 of 15 Page ID#: 172
to private companies. These private companies charge fees to USCIS to recover costs and earn profits.
19. In fiscal year 2006, USCIS incurred more than one billion dollars in expenses.
20. Congress has created different accounts to manage the monies of USCIS. In establishing these accounts Congress delineated specific rules governing the collection of certain monies for these accounts. Congress has directed particular uses for the income depending on its source. Under section 286(m) of the Immigration and Nationality Act, 8 U.S.C. § 1356(m), Congress authorized USCIS to assess an adjudication fee for providing adjudication and naturalization services. The power to assess the fee is limited by statute: the agency may not impose a fee which would exceed the costs for providing adjudication or naturalization services, similar services to other qualified individuals at no-cost or the costs of administering the collection of the fees.
21. Under section 286(u) of the Immigration and Nationality Act, 8 U.S.C. ¶ 1356(u), Congress established a $1,000 fee for premium-processing services. Congress authorized the monies to be spent only on improving both the infrastructure of the adjudications process and the customer-service process.
22. Congress does not permit USCIS to earn profits or raise revenue by charging fees. Under the United States
8

Case 3:07-cv-01286-MO Document 13 Filed 11/19/07 Page 9 of 15 Page ID#: 173
Constitution, Art. I, s. 8, cl. 1, only Congress may enact laws to raise revenue.
23. USCIS publishes in the Federal Register, from time to time, a fee schedule which delineates a particular adjudication fee for each of its published forms. Adjudication fees have been assessed by the agency for many years.
24. On May 30, 2007, USCIS published a final rule implementing a new fee schedule. See Dep’t of Homeland Security, Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule, 72 Fed. Reg. 29851 (May 30, 2007) (“2007 Fee Rule”). The published fee schedule took effect on July 30, 2007 and the fees outlined in it will be assessed against any person filing an application under the nation’s immigration laws on and after that date. This final rule is called the 2007 Fee Rule.
25. In promulgating the 2007 Fee Rule, USCIS improperly accounted for its revenue and costs by including expenses unrelated to adjudication and naturalization services and by misappropriating revenues controlled and imposed by Congress. USCIS’s 2007 Fee Rule imposes adjudications fees on individuals that exceed the costs of providing adjudication and naturalization services and the costs of collecting the fees. For purposes of this complaint, any time the phrase “adjudication and naturalization services” is used it includes
9

Case 3:07-cv-01286-MO Document 13 Filed 11/19/07 Page 10 of 15 Page ID#: 174
the costs of providing similar services free of charge to others and the costs of administration of the collection of the fees, unless otherwise stated.
26. In calculating the 2007 Fee Rule, USCIS inflated its costs for adjudication and naturalization service by including items that are unrelated to its adjudication and naturalization services by more than several million dollars.
27. With the 2007 Fee Rule, USCIS has inflated its costs for adjudication and naturalization services by including other costs, such as processing requests under the Freedom of Information Act and Privacy Act, providing information to the public about USCIS, marketing and branding their services to Congress and to the public, investigating corruption within its employees and contractors, out-sourcing tasks to private contractors, completing address changes and registration changes under 8 U.S.C. § 1305, resettling Cuban and Haitian entrants, transferring and maintaining records for disposition with the National Archives and Records Administration, reimbursing prevailing parties their attorneys fees and costs under the Equal Access to Justice Act, maintaining and controlling records for use by non-USCIS enforcement divisions, engaging in fraud detection and prevention within the temporary worker programs, and other expenses. These expenses are related to customerservice processes and other programs operated by USCIS.
10

Case 3:07-cv-01286-MO Document 13 Filed 11/19/07 Page 11 of 15 Page ID#: 175
28. The private contractors hired by USCIS engage in work related to and unrelated to adjudication and naturalization services, which forms a basis of their costs.
29. With the 2007 Fee Rule, USCIS has inflated its costs of adjudication and naturalization services by hundreds of thousands of dollars by including the profit-margins and unrelated costs of the out-source contractors in its calculations
30. With the 2007 Fee Rule, USCIS has inflated its adjudication and naturalization costs by double-charging or misallocating its expenses.
31. An individual seeking to naturalize under section 316 of the Immigration and Nationality Act, 8 U.S.C. § 1427, must file form N-400 with Defendants. By statute and rule, the Defendants provide such an individual with an interview to determine eligibility. If Defendants deny the application, an individual may take an administrative hearing before a different officer under a separate statute.
32. With the 2007 Fee Rule, USCIS inflated the cost of the N-400 adjudication fee per person by several hundreds of dollars by erroneously including the costs of an administrative hearing. USCIS over-collects the costs of administrative hearings by charging those individuals who wish an administrative hearing a separate fee of $605.
11

Case 3:07-cv-01286-MO Document 13 Filed 11/19/07 Page 12 of 15 Page ID#: 176
33. With the 2007 Fee Rule, USCIS inflated the costs per person of the I-485 permanent residence fee by several hundreds of dollars.
34. With the 2007 Fee Rule, USCIS exaggerated the costs per person of the I-485 permanent residence fee by requiring any individual granted asylum who wishes permanent residence status to pay a fee for an employment authorization document, even if the applicant does not need the document.
35. With the 2007 Fee Rule, USCIS exaggerated the costs per person of the I-485 permanent residence fee by requiring small children and infants seeking immigration status to pay an assessment for an employment authorization document even though such individuals are not eligible to work in most states.
36. With the 2007 Fee Rule, USCIS exaggerated the costs per person of the I-485 permanent residence fee by requiring spouses of United States citizens holding special visas and temporary workers who both are already authorized to travel to pay an assessment for permission to travel.
37. With the 2007 Fee Rule, USCIS exaggerated their costs to increase revenues.
38. With the 2007 Fee Rule, USCIS inflated their costs of adjudication and naturalization services by including other charges that are unrelated to adjudication and naturalization services.
12

Case 3:07-cv-01286-MO Document 13 Filed 11/19/07 Page 13 of 15 Page ID#: 177
39. Defendants have misappropriated at least several million dollars since the year 2000 envisioned by Congress to create significant infrastructure improvements to the adjudication and customer-services processes. Since enactment in 2000, USCIS has charged premium processing fees to thousands of applicants by authority of § 286(u). However, USCIS has not used the monies received to invest in major infrastructure improvements to the adjudication and customer-service processes.
Causes of Action 40. First Claim. Plaintiffs are entitled to access the adjudication and naturalization services function of USCIS by paying only those fees authorized by statute. It is arbitrary, capricious and not in accordance with the law to inflate adjudication fees with costs unrelated to adjudication or naturalization services. Defendants’ actions violate section 286(m) of the Immigration and Nationality Act, the Administrative Procedure Act, and the United States Constitution, Art. I, s. 8, cl. 1. 41. Second Claim. Defendants may not exaggerate adjudication costs by arbitrarily and capriciously requiring individuals to pay adjudication fees for unnecessary benefits or benefits which would serve no useful or meaningful purpose. Defendants’ actions violate section 286(m) of the Immigration
13

Case 3:07-cv-01286-MO Document 13 Filed 11/19/07 Page 14 of 15 Page ID#: 178
and Nationality Act, the Administrative Procedure Act, and the United States Constitution, Art. I, s. 8, cl. 1.
42. Third Claim. Defendants may not levy fees which raise revenue unrelated to the costs of adjudication and naturalization services. Defendants’ actions violate section 286(m) of the Immigration and Nationality Act, the Administrative Procedure Act, and the United States Constitution, Art. I, s. 8, cl. 1.
Prayer For Relief Plaintiffs respectfully pray that this Court grant the following relief: 1) Assume jurisdiction over this matter; 2) Declare that Defendants’ 2007 Fee Rule is unlawful; 3) Vacate the 2007 Fee Rule and instruct Defendants
regarding the statutory requirements for establishing adjudication fees; 4) Award Plaintiffs their costs and reasonable attorneys’ fees in this action as provided by 28 U.S.C. § 2412 or other statute; and 5) Grant such further relief in equity as the Court deems just and proper to remedy the unlawful collection of fees. // /
14

Case 3:07-cv-01286-MO Document 13 Filed 11/19/07 Page 15 of 15 Page ID#: 179
Respectfully submitted this 19th day of November, 2007, IMMIGRANT LAW GROUP LLP, NORTHWEST IMMIGRANTS RIGHTS PROJECT,
_/s/ Stephen W Manning______________ STEPHEN W MANNING, OSB No. 01337 email: smanning@ilgrp.com JENNIFER M ROTMAN, OSB No. 04134 email: jrotman@ilgrp.com JESSICA M BOELL, OSB No. 02022 email: jboell@ilgrp.com IMMIGRANT LAW GROUP LLP PO Box 40103 Portland OR 97240 Tel. (503) 241.0035 Fax (503) 241.7733
MATT ADAMS, WSBA #28287 (Pro Hac Vice) email: matt@nwirp.org NORTHWEST IMMIGRANT RIGHTS PROJECT 615 6TH Avenue Suite 400 Seattle, WA 98104 Tel. (206) 957-8611 Fax (206) 587-4025 Attorneys for Plaintiffs
15

 
 Case 3:07-cv-1286 As of 02/19/2013 07:16 PM PST Page 1 of 5 Page ID#: <pageID>
FRC,TERMINATED
U.S. District Court District of Oregon (Portland (3)) CIVIL DOCKET FOR CASE #: 3:07−cv−01286−MO

Service Employees International Union et al v. Chertoff et al Assigned to: Judge Michael W. Mosman Cause: 05:0701 Maritime Subsidy Board
Plaintiff

Date Filed: 08/28/2007 Date Terminated: 11/06/2008 Jury Demand: None Nature of Suit: 890 Other Statutory Actions Jurisdiction: U.S. Government Defendant

Service Employees International Union an organization

represented by Matt Adams Northwest Immigrant Rights Project 615 Second Avenue Suite 400 Seattle, WA 98104 (206) 957−8611 Fax: (206) 587−4025 Email: matt@nwirp.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen W. Manning Immigrant Law Group LLP PO Box 40103 Portland, OR 97240 (503) 241−0035 Fax: (503) 241−7733 Email: smanning@ilgrp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jennifer M. Rotman P.O. Box 40103 Portland, OR 97240 (503) 241−0035 Fax: (503) 241−7733 Email: jrotman@ilgrp.com ATTORNEY TO BE NOTICED

Jessica M. Boell Immigrant Law Group, LLP P.O. Box 40103 Portland, OR 97240 (503) 241−0035 Fax: (503) 241−7733 Email: jboell@ilgrp.com ATTORNEY TO BE NOTICED

Plaintiff
Pineros Y Campesinos Unidos Del Noroeste

represented by Matt Adams (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen W. Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jennifer M. Rotman

Case 3:07-cv-1286 As of 02/19/2013 07:16 PM PST Page 2 of 5 Page ID#: <pageID>
(See above for address) ATTORNEY TO BE NOTICED
Jessica M. Boell (See above for address) ATTORNEY TO BE NOTICED

V. Defendant Michael Chertoff Secretary of Homeland Security of the United States
Defendant Emilio T. Gonzalez Director, United States Citizenship and Immigration Services
Defendant

represented by Adrian L. Brown U.S. Attorney's Office District of Oregon 1000 S.W. Third Ave. Suite 600 Portland, OR 97204 (503) 727−1003 Fax: (503) 727−1117 Email: adrian.brown@usdoj.gov LEAD ATTORNEY
James E. Cox , Jr. U.S. Attorney's Office District of Oregon 1000 SW Third Ave. Suite 600 Portland, OR 97204 (503) 727−1026 Fax: (503) 727−1117 Email: jim.cox@usdoj.gov TERMINATED: 08/15/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathryn Louise Moore U.S. Department of Justice Office of Immigration Litigation Ben Franklin Station P.O. Box 878 Washington, DC 20044 (202) 305−7099 Fax: (202) 305−7211 Email: kathryn.moore@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Adrian L. Brown (See above for address) LEAD ATTORNEY
James E. Cox , Jr. (See above for address) TERMINATED: 08/15/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathryn Louise Moore (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case 3:07-cv-1286 As of 02/19/2013 07:16 PM PST Page 3 of 5 Page ID#: <pageID>

Michael B. Mukasey Director, United States Citizenship and Immigration Service TERMINATED: 12/05/2007

represented by Adrian L. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James E. Cox , Jr. (See above for address) TERMINATED: 12/05/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kathryn Louise Moore (See above for address) TERMINATED: 12/05/2007 ATTORNEY TO BE NOTICED

Date Filed 08/28/2007
08/28/2007
09/05/2007
10/13/2007 10/15/2007 10/15/2007 10/29/2007 10/29/2007
10/29/2007 10/29/2007 10/30/2007

# Docket Text
1 Complaint For Declaratory and Injunctive Relief. Request For Oral Argument. Filing Fee in amount of $350 collected. Receipt No. 17153 issued.Summons issued as to Emilo T. Gonzalez ; United States Attorney; Michael Chertoff.Filed by Service Employees International Union, Pineros Y Campesinos Unidos Del Noroeste against Michael Chertoff, Emilio T. Gonzalez. (cib) (Entered: 08/28/2007)
2 Discovery and Pretrial Scheduling Order and Notice of Case Assignment to the Honorable Michael W. Mosman. Discovery is to be completed by 12/26/2007. Joint Alternate Dispute Resolution Report is due by 1/25/2008. Pretrial Order is due by 1/25/2008. (cib) (Entered: 08/28/2007)
3 Order Granting Application for Special Admission Pro Hac Vice of Matt Adams for Service Employees International Union and Pineros Y Campesinos Unidos Del Noroeste. Application Fee in amount of $100 collected. Receipt No. 17154 issued. Signed on 09/04/07 by Judge Michael W. Mosman. (pvh) (Entered: 09/06/2007)
4 Return of Service Executed. as to Michael Chertoff served on 9/4/2007; Emilio T. Gonzalez served on 9/4/2007 Service specifically made upon Local US Attorney, Agency Filed by all plaintiffs. (Manning, Stephen) (Entered: 10/13/2007)
5 Return of Service Executed. Service specifically made upon Agency Filed by all plaintiffs. (Manning, Stephen) (Entered: 10/15/2007)
6 Return of Service Executed. Service specifically made upon Agency Filed by all plaintiffs. (Manning, Stephen) (Entered: 10/15/2007)
7 Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6). Oral Argumentrequested Filed by Michael Chertoff, Emilio T. Gonzalez. (Cox, James) (Entered: 10/29/2007)
8 Memorandum in Support Defendants Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6). Filed by Michael Chertoff, Emilio T. Gonzalez. (Related document(s): Motion to Dismiss 7 .) (Attachments: # 1 Attachment A# 2 Attachment B# 3 Attachment C) (Cox, James) (Entered: 10/29/2007)
9 Notice of Association of Attorney Kathryn Louise Moore and James E. Cox, Jr for Michael Chertoff and Emilio T. Gonzalez.Filed by Michael Chertoff, Emilio T. Gonzalez. (Cox, James) (Entered: 10/29/2007)
10 Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) 7 . Filed by all plaintiffs. (Manning, Stephen) (Entered: 10/29/2007)
11 ORDER: GRANTING Motion for Extension of Time to File Response/Reply 10 . Response is due by 11/19/2007, for the motion to dismiss (#7). Ordered by Judge Michael W. Mosman. (dls) (Entered: 10/30/2007)

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12 Response in Opposition to Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) 7 . Filed by all plaintiffs. (Attachments: # 1 Attachment) (Manning, Stephen) (Entered: 11/19/2007)
13 First Amended Complaint.Filed by Service Employees International Union, Pineros Y Campesinos Unidos Del Noroeste against all defendants. (Manning, Stephen) (Entered: 11/19/2007)
14 Notice re Amended Complaint 13 pursuant to LR 15.Filed by all plaintiffs. (Related document(s): Amended Complaint 13 .) (Manning, Stephen) (Entered: 11/19/2007)
15 Joint Motion to Set Briefing Schedule For Defendants Motion to Dismiss the First Amended Complaint. Filed by all parties. (Cox, James) (Entered: 11/28/2007)
16 Record of Order by Michael W. Mosman. Order GRANTING FINDING AS MOOT Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) (#15). Dispositive Motions are due by 12/21/2007. Responses to Dispositive Motions are due by 1/18/2008. Replies to Dispositive Motions are due by 2/8/2008. FINDING AS MOOT Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) (#7). Ordered by Judge Michael W. Mosman. (dls) (Entered: 11/29/2007)
17 Order for Administrative Correction of the Record. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. On 11/9/07, the new U.S. Attorney General, Michael Mukasey, was sworn into office, officially replacing Alberto Gonzales. Therefore Michael Mukasey is the new first named defendant in this case, effective nunc pro tunc 11/9/07. (cib) (Entered: 12/03/2007)
18 Order for Administrative Correction of the Record regarding Administrative Correction of the Record, 17 . Alberto Gonzales is not a listed party for this case. Disregard the Correction of of Record(#17) A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. (cib) (Entered: 12/05/2007)
19 Motion to Dismiss Plaintiffs Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). Oral Argumentrequested Filed by all defendants. (Cox, James) (Entered: 12/21/2007)
20 Memorandum in Support of Defendants Motion to Dismiss Plaintiffs' Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). Filed by all defendants. (Related document(s): Motion to Dismiss 19 .) (Attachments: # 1 Appendix A# 2 Appendix B# 3 Appendix C) (Cox, James) (Entered: 12/21/2007)
21 Response in Opposition to Motion to Dismiss Amended Complaint. Filed by all plaintiffs. (Manning, Stephen) (Entered: 01/18/2008)
22 Unopposed Motion to Supplement Plaintiffs' Response to Motion to Dismiss. Filed by all plaintiffs. (Manning, Stephen) (Entered: 01/24/2008)
23 Memorandum in Support Plaintiffs' Motion to Supplement Response. Filed by all plaintiffs. (Related document(s): Motion to Supplement 22 .) (Manning, Stephen) (Entered: 01/24/2008)
24 Supplemental Response in Opposition to Motion to Dismiss Plaintiffs Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) 19 . Filed by all plaintiffs. (Attachments: # 1 Attachment) (Manning, Stephen) (Entered: 01/24/2008)
25 ORDER: GRANTING Unopposed Motion to Supplement Plaintiffs' Response to Motion to Dismiss 22 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 01/24/2008)
26 Defendants Reply to Plaintiffs Response to Defendants Motion to Dismiss. Filed by all defendants. (Related document(s): Response in Opposition to Motion 21 , Response in Opposition to Motion 24 .) (Cox, James) Modified on 2/11/2008 (Brost, Colleen). (Entered: 02/08/2008)

Case 3:07-cv-1286 As of 02/19/2013 07:16 PM PST Page 5 of 5 Page ID#: <pageID>

04/11/2008 04/11/2008 04/17/2008
05/01/2008 05/15/2008 05/19/2008 05/19/2008 06/04/2008 08/15/2008 09/17/2008 09/17/2008 11/06/2008
11/17/2008

27 Scheduling Order by Michael W. Mosman. Oral Argument is set for 4/17/2008 at 11:00AM in Portland before Judge Michael W. Mosman, regarding Motion to Dismiss Plaintiffs Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (#19). Ordered by Judge Michael W. Mosman. (dls) (Entered: 04/11/2008)
28 Record of Order by Michael W. Mosman. Please come prepared to discuss 5 U.S.C. § 701(a)(2) as it relates to USCIS setting fee levels. Also be prepared to discuss waiver as it relates to the N−400 fee for naturalization. Ordered by Judge Michael W. Mosman. (dls) (Entered: 04/11/2008)
29 MINUTES of Proceedings: Motion Hearing. Order GRANTING IN PART/DENYING IN PART Motion to Dismiss Plaintiffs Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (#19) as stated on the record. Order GRANTING Motion to Dismiss as to Claims 1 and 3. Order GRANTING Motion to Dismiss, as to Claim 2 as it relates to bundling dependant on claim 1; Order DENYING Motion to Dismiss, as to Claim 2 as it relates to pure bundling and double−charging, as stated on the record. Stephen W Manning, Jennifer M Rotman and Jessica M Boell present as counsel for plaintiff(s). Kathryn Louise Moore, and Phillip Elder present as counsel for defendant(s). Court Reporter: Dennis Grube. Michael W. Mosman presiding. (dls) (Entered: 04/18/2008)
30 Answer to Amended Complaint. Filed by Michael Chertoff, Emilio T. Gonzalez, Michael B. Mukasey. (Cox, James) (Entered: 05/01/2008)
31 Joint Motion for scheduling order. Filed by all plaintiffs. (Manning, Stephen) (Entered: 05/15/2008)
32 ORDER: GRANTING JOINT MOTION FOR A SCHEDULING ORDER 31 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 05/19/2008)
33 Order. Discovery is to be completed by 9/30/2008. Dispositive Motions are due by 10/31/2008. Joint Alternate Dispute Resolution Report and Pretrial Order will be due 30 days after the resolution of dispositive motions. Ordered by Judge Michael W. Mosman. (dls) (Entered: 05/19/2008)
34 Certified Administrative Record. Filed by all defendants. (cib) (Entered: 06/05/2008)
35 Notice of Attorney Substitution:Attorney Adrian L. Brown is substituted as counsel of record in place of Attorney James E. Cox, Jr.Filed by Michael Chertoff, Emilio T. Gonzalez, Michael B. Mukasey. (Brown, Adrian) (Entered: 08/15/2008)
36 Unopposed Motion to Dismiss Surviving Parts of Second Claim. Filed by all plaintiffs. (Manning, Stephen) (Entered: 09/17/2008)
37 ORDER: GRANTING Unopposed Motion to Dismiss Surviving Parts of Second Claim 36 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 09/17/2008)
38 Judgment. Based on the Opinion and Order of the court entered April 17, 2008 (#29), granting in part and denying in part, defendants' Motion to Dismiss (#19), and Order of the court entered September 17, 2008 (#37) granting plaintiffs' Motion to Dismiss the remaining claim (#36). IT IS HEREBY ORDERED AND ADJUDGED that the above captioned matter is DISMISSED with prejudice. Pending motions, if any, are DENIED AS MOOT. Signed on 11/6/08 by Judge Michael W. Mosman. (dls) (Entered: 11/06/2008)
39 Transcript of Motion Hearing Proceedings held on 4/17/08 before Judge Michael W. Mosman. Court Reporter: Dennis R. Grube.. (mkk) (Entered: 11/20/2008)