Tony N. v. USCIS: Fighting to end work permit renewal delays

May 4, 2022 Update: Great news! Work permits for many asylum seekers are now valid for 540 days after the expiration date! Thank you to all of the ASAP members who fought for this change!

“Because of the government’s delay in processing my work permit renewal, my patients are left without their therapist, my family is left without its main source of support, and I am left helpless until my work permit is renewed. I hope this injustice can be made right through this lawsuit—and that no other asylum seeker will face the uncertainty and instability I have felt waiting for my ability to work to be restored.”

— ASAP Member

Case documents and timeline

• November 10, 2021: Plaintiffs file Civil Complaint in the Northern District of California

• November 11, 2021: Plaintiffs file Motion to Certify a Nationwide Class

• November 11, 2021: Plaintiffs file Motion for Preliminary Injunction

• November 23, 2021: Judge schedules hearing on preliminary injunction for December 17, 2021

• December 6, 2021: USCIS files Response to Motion for Preliminary Injunction

• December 6, 2021: USCIS files Response to Motion for Class Certification

• December 10, 2021: Plaintiffs file Reply in support of Motion for Preliminary Injunction

• December 10, 2021: Plaintiffs file Reply in support of Motion for Class Certification

• December 22, 2021: Judge enters opinion denying preliminary injunction and motion for class certification

• January 21, 2022: USCIS files Motion to Dismiss

• February 4, 2022: Plaintiffs file Response to Motion to Dismiss

• March 2, 2022: Judge dismisses the Tony N. lawsuit