Zhao et al. v. Chertoff, et al.

The ACLU of Eastern Missouri filed a lawsuit on behalf of Dr. Haibo Zhao and his family against Michael Chertoff, Alberto Gonzales, and others seeking mandamus, declaratory judgment, and injunctive relief.

The ACLU of Eastern Missouri filed a lawsuit on behalf of Dr. Haibo Zhao and his family against Michael Chertoff, Alberto Gonzales, and others seeking mandamus, declaratory judgment, and injunctive relief. The Citizen and Immigration Services, a division of the Department of Homeland Security, has refused to adjudicate Dr. Zhao’s application for permanent residency. Dr. Zhao’s application was filed nearly two years ago. In other cases like his filed elsewhere, it has been revealed that the “name check,” which is the hold-up in on Dr. Zhao’s application, normally takes between 72 hours and ten days to complete. As a result of the unreasonable delay in processing his application, Dr. Zhao has now had government-sponsored grants that were previously awarded to him withdrawn on the basis that he is not a permanent resident. Aliens should not be barred from admission as permanent residents based on the arbitrary exercise of discretion or on grounds not reasonably related to proper governmental concern. The apparently arbitrary and indefinite delay in adjudicating the application raises concerns about the lack of due process provided those who are awaiting a determination of the permanent residency application. No federal Court of Appeals has addressed the issues raised in Dr. Zhao’s case. Although a majority of the District Court decisions in similar cases have been decided in favor of the ACLU and Dr. Zhao’s position, courts in the Eastern District of Missouri have mostly ruled against plaintiffs with little analysis. The government has not yet responded to the suit.