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Keywords

plaintifflitigationattorneymotionclass actioncivil procedure
plaintiffmotionclass action

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Emami v. Mayorkas

Facts

The case centers on Presidential Proclamation 9645, which limited entry into the U.S. for nationals from eight countries. The named plaintiffs and proposed class members are U.S. citizens and lawful permanent residents from Iran, Libya, Somalia, Syria, and Yemen, who claim that the government ignored the waiver program established by the Proclamation, resulting in substantial family and personal dislocation. The court noted that the government's attorneys had been careless and obstructive, impeding the production of evidence and failing to honor commitments made during the litigation.

The named plaintiffs and putative class members are United States citizens, and lawful permanent residents and foreign nationals hailing from Iran, Libya, Somalia, Syria and Yemen. They allege that the federal government ignored the waiver program and declined to grant waivers across the board, which caused plaintiffs substantial family and personal dislocation.

Issue

The main legal issue is whether the plaintiffs' proposed class can be certified under Federal Rule of Civil Procedure 23(b)(2) given the government's alleged failure to grant waivers as required by the Proclamation.

The remaining question is whether the plaintiffs' proposed class may be certified.

Rule

The court applied Federal Rule of Civil Procedure 23, which requires that the proposed class satisfy all four requirements of Rule 23(a) and at least one of the subsections of Rule 23(b). The court emphasized that the overall goal of Rule 23 is to select the method best suited to adjudicate the controversy fairly and efficiently.

The overall goal of Rule 23 is 'to select the method best suited to adjudication of the controversy fairly and efficiently.'

Analysis

The court found that the plaintiffs met the requirements for class certification, noting that the government's conduct had been obstructive and that the timing of the certification motion was a result of the government's actions. The court highlighted that the plaintiffs had demonstrated that the government's handling of the waiver program was arbitrary and capricious, which justified the need for class certification to ensure fair and efficient resolution of the claims.

The court found that the plaintiffs met the requirements for class certification, noting that the government's conduct had been obstructive and that the timing of the certification motion was a result of the government's actions.

Conclusion

The court granted the plaintiffs' motion for class certification, allowing the case to proceed as a class action under Rule 23(b)(2).

The court granted the plaintiffs' motion for class certification, allowing the case to proceed as a class action under Rule 23(b)(2).

Who won?

The plaintiffs prevailed in the case because the court found that the government's actions were arbitrary and capricious, justifying the need for class certification.

The plaintiffs prevailed in the case because the court found that the government's actions were arbitrary and capricious, justifying the need for class certification.

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