NOTICE OF SETTLEMENT: B.H., et al., v. United States Citizenship and Immigration Services, et al., No. CV11-2106-RAJ, also known as the ABT Class Action

On Nov. 4, 2013, the United States District Court for the Western District of Washington granted final approval of the Settlement Agreement in B.H., et al. v. United States Citizenship and Immigration Services, et al., No. CV11-2108-RAJ (W.D. Wash.), also known as the ABT Settlement Agreement, as revised, bringing to a close class action litigation that began in December 2011.

The settlement resulted in changes to USCIS and Executive Office for Immigration Review (EOIR) processes and procedures that affect how USCIS’s Asylum Division adjudicates Form I-589, Application for Asylum and for Withholding of Removal, and how USCIS’s Service Center Operations Directorate adjudicates Form I-765, Application for Employment Authorization. These changes generally relate to eligibility for an Employment Authorization Document (EAD) for asylum applicants, and to calculation of the 180-day Asylum EAD Clock. Individuals who are ABT class members are affected by the Agreement.    

For more information regarding the ABT Settlement and related topics, see the following links to USCIS’ website: 

• The ABT Settlement Agreement
• The 180-day EAD Clock Notice
• Determining Who is an ABT Class Member
• How the Agreement Affects Adjudication of Asylum and EAD Applications
• Preparing for your Asylum Interview
• If You Believe You Have Been Denied ABT Benefits (the ABT Claim Review Process)
• Establishing Good Cause or Exceptional Circumstances
• Definitions

Select the Following Links to Review Documents relating to the Settlement:

• ABT Revised Settlement Agreement
• ABT Order Approving Class Action Settlement
• ABT Judgment in a Civil Case
• ABT Order – Granting Extension of Certain Deadlines in the Settlement Agreement