Opinion
No. C 04-02686 MHP.
January 30, 2006
MEMORANDUM ORDER
Plaintiffs Maria Santillan, et al. represent a class of persons who have been or will be granted lawful permanent resident status by the Justice Department's Executive Office of Immigration Review and to whom the United States Citizenship and Immigration Services has failed to issue evidence of status as a lawful permanent resident. On December 22, 2005 this court entered a permanent injunction requiring defendants to commence timely processing of plaintiffs' status documentation. Santillan v. Gonzales, No. C 04-02686 MHP, 2005 WL 3542661 (N.D. Cal. Dec. 22, 2005). Now before the court is plaintiffs' request for entry of a final judgment pursuant to Federal Rule of Civil Procedure 58.
Having reviewed the current posture of the lawsuit and record before the court, the court concludes that it is not necessary to enter a final judgment at this time. The harm which is the subject of this lawsuit is ongoing, and the absence of a final judgment will not impair the parties' legal rights. Plaintiffs' request for entry of judgment is therefore DENIED.
IT IS SO ORDERED.