Case: Perez-Olano v. Gonzalez [later Holder, Sessions]

2:05-cv-03604 | U.S. District Court for the Central District of California

Filed Date: May 13, 2005

Clearinghouse coding complete

Case Summary

On May 13, 2005, attorneys for the Center for Human Rights and Constitutional Law and Los Angeles Center for Law and Justice instituted a nationwide class action in the U.S. District Court for the Central District of California, on behalf of immigrant youth who were formerly dependents of state courts because they had been abused, abandoned, or neglected, and who petitioned for classification as "special immigrant juveniles" (SIJ) under the Immigration and Nationality Act (INA), 8 U.S.C. §§ 110…

On May 13, 2005, attorneys for the Center for Human Rights and Constitutional Law and Los Angeles Center for Law and Justice instituted a nationwide class action in the U.S. District Court for the Central District of California, on behalf of immigrant youth who were formerly dependents of state courts because they had been abused, abandoned, or neglected, and who petitioned for classification as "special immigrant juveniles" (SIJ) under the Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101(a)(27)(J) & 1255(a).

To qualify for SIJ classification, a noncitizen first had to receive a "predicate order" from a state juvenile court finding that 1) the child was dependent on the court or a state agency; 2) the child was eligible for long-term foster care due to abuse, neglect or abandonment; and 3) it would not be in the child's best interest to be returned to his or her home country. After receiving the predicate order, the juvenile could apply for SIJ status, and if granted, could then apply for adjustment to lawful permanent resident (LPR) status under 8 U.S.C. §1255.

Certain restrictions affected minors applying for SIJ classification. The SIJ statute contained a provision, 8 U.S.C. §1101(a)(27)(J)(iii)(I), that limited state court jurisdiction with respect to immigrant children in federal custody ("in-custody minors"). The provision stated that a state court could not "determine the custody status or placement" of in-custody minors unless Immigration and Customs Enforcement ("ICE") specifically consented to state court jurisdiction. In addition to that "specific consent" restriction, the government also implemented "age-out" regulations, see 8 C.F.R. §§ 204.11(c)(1), 204.11(c)(5),205.1(a)(3)(iv)(A, C, & D), under which a minor would "age-out" of eligibility if the child turned 21 years old before being granted SIJ status or SIJ-based adjustment. Another restriction provided that any SIJ-classified juvenile who was in removal proceedings could only seek adjustment of status from a Board of Immigration Appeals ("BIA") or immigration judge.

Plaintiffs' class action lawsuit challenged those restrictions ("specific consent" provision, the "age-out" regulations and removal restriction) as unlawfully interfering with the abused minors' access to the courts, denying them due process and unreasonably delaying or restricting the adjudications of the minors' SIJ applications.

The government denied that the restrictions were unlawful and moved to dismiss the case for lack of jurisdiction and standing. The District Court (Judge Dean D. Pregerson) granted the motion in part and denied it in part. Plaintiffs were granted leave to amend their complaint, filing the fourth amended version in September 2006. (This document is not available via PACER.) Plaintiffs then moved for a TRO, a preliminary injunction and class certification. The government opposed the motions. At the request of the court, the parties filed cross-motions for partial summary judgment on certain questions of law raised by the case.

On January 8, 2008, Judge Pregerson certified the case as a class action, creating two subclasses: (1) a specific consent subclass (minors whose requests for specific consent to state court jurisdiction were denied or ignored by the government prior to their attaining 18 years of age) and (2) an age-out sub-class (minors whose petitions for SIJ classification were denied because of age-out regulations). He denied creation of a removal subclass for minors whose applications for SIJ-based adjustment of status were not adjudicated because they were in removal proceedings.

Judge Pregerson also considered the parties' partial summary judgment submissions and made several conclusions of law. On the challenge to the "specific consent" requirement, he found that where an SIJ-predicate order from a state juvenile court only made a determination regarding the welfare and best interests of the child, and made no recommendations as to the custody or status, no specific consent was required. Judge Pregerson issued a preliminary injunction, enjoining the government from requiring specific consent before an immigrant minor in federal custody could seek an SIJ-predicate order in state court.

Judge Pregerson declined to enjoin the government's application of the "age-out" restrictions and the removal regulations. The Judge, however, noted that the plaintiffs could still raise claims that the government unreasonably delayed adjudication of the SIJ applications of immigrant minors subject to the age-out regulations and that it abused its discretion in the application of the removal regulations. 248 F.R.D. 248 (C.D. Cal. Jan. 8, 2008).

After Judge Pregerson declined defendants' request for a stay of the injunction, 2008 WL 11336794 (C.D. Cal. Feb. 8, 2008), defendants filed a notice of appeal to the U.S. Court of Appeals for the Ninth Circuit on February 5, 2008 (Case No. 08-55195). On February 19, 2008, Plaintiffs filed a notice of cross-appeal.

Following negotiations under the Ninth Circuit Mediation Program, the parties concluded a class-wide settlement agreement. On August 11, 2010, the Ninth Circuit dismissed the appeal and cross-appeal without prejudice to reinstatement pending the district court's determination of whether to approve the settlement agreement.

The settlement agreement (2010 WL 9594539, C.D. Cal. Aug. 31, 2010) provides relief to the certified sub-classes as well as the removal sub-class that the court had declined to certify. Benefiting the specific consent subclass, the Settlement Agreement provides that defendants will not require specific consent except when a juvenile is in the custody of HHS and the juvenile seeks a state court order determining or altering the juvenile's custody status or placement. In cases where specific consent is required, the Agreement sets standards and procedures for the disposition of specific consent requests.

Benefiting the age-out subclass, defendants have agreed that USCIS will not deny or revoke a class member's SIJ status petition or SIJ-based adjustment of status application on account of age or dependency status if, at the time the class member files the petition or application, he or she is under 21 years of age or is the subject of a valid dependency order even if that dependency order is thereafter terminated on the basis of age. Additionally, USCIS will not deny or revoke a class member's SIJ status petition or SIJ-based adjustment of status application on account of ineligibility for long-term foster care.

And for the removal subclass, defendants agree that ICE will join motions to reopen removal proceedings when the juvenile (i) requests such joinder within 60 days of being notified by USCIS that it has granted him or her SIJ status; and (ii) is not inadmissible or removal grounds that disqualify him or her from adjustment of status.

The agreement became effective when it was approved by the court on December 15, 2010, and was to be in force for 6 years.

On January 14, 2011, plaintiffs moved for attorneys' fees under the Equal Access to Justice Act. On June 19, 2012 the parties submitted a joint stipulation for settlement of attorneys' fees and litigation costs. Defendants agreed to pay plaintiffs $1,109,441. The court approved the stipulated attorneys' fees on July 3, 2012.

On July 21, 2014, plaintiffs moved for class-wide enforcement of the settlement. Plaintiffs alleged that after two-and-a-half years of compliance (granting SIJ status to class members who filed under age 21 even if they were no longer subjects of valid dependency orders), defendants now demanded that applicants still were subjects of valid dependency orders. After settlement talks, on Apr. 8, 2015 Judge Pregerson ordered defendants to pay plaintiffs $105,000 for expenses related to the motion for enforcement, under the Equal Access to Justice Act.

After the agreement had ended, on June 9, 2017, plaintiffs again moved to enforce the settlement. In this instance, plaintiffs alleged that four children who had been detained for 18 months despite having received SIJ status in 2016 were "absent class members." Defendants denied that the agreement applied to these children because ICE had issued expedited removal orders before they received SIJ status. Plaintiffs sought the Court to order ICE to join in the children's request to reopen their removal proceedings, and plaintiffs then planned to seek adjustment of status for them. Judge Pregerson held a motion hearing on July 10, 2017. One news source describes the hearing.

On July 13, 2017, plaintiffs moved to supplement the motion. They argued that the Central District of California's recently-issued order on the Flores agreement should also guide the court's interpretation of this agreement. Specifically, plaintiffs read the Flores agreement to require that children in expedited removal proceedings be treated the same as other class members. Defendants responded on July 20, arguing that the Flores agreement was not relevant here; plaintiffs replied on July 22. Plaintiffs updated the court on Sept. 15 that an Immigration Judge had released the children from detention, but that they risked being re-detained if they could not request that an Immigration Judge grant them LPR status.

The court did not respond to this supplement, and the case has been closed.

Summary Authors

Dan Dalton (1/29/2008)

Jennifer Bronson (12/13/2013)

Ava Morgenstern (11/23/2017)

Edward Cullen (3/15/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4143164/parties/luis-javier-perez-olano-v-alberto-gonzalez/


Judge(s)

Pregerson, Dean D. (California)

Zarefsky, Ralph (California)

Attorneys(s) for Plaintiff

Carey, Michelle Lynn (California)

Cartagena, Diego Jose (California)

Holguín, Carlos R. (California)

Iahdjian, Marcela (California)

London, Judith Maura (California)

Palmer, Pamela S. (California)

Rickabaugh, Jessica A. (Pennsylvania)

Schey, Peter A. (California)

Judge(s)

Pregerson, Dean D. (California)

Zarefsky, Ralph (California)

Attorneys(s) for Plaintiff

Carey, Michelle Lynn (California)

Cartagena, Diego Jose (California)

Holguín, Carlos R. (California)

Iahdjian, Marcela (California)

London, Judith Maura (California)

Palmer, Pamela S. (California)

Rickabaugh, Jessica A. (Pennsylvania)

Schey, Peter A. (California)

Slossberg, Gary Scott (California)

Vale, Anthony C. (Pennsylvania)

Viramontes, Angela (California)

Attorneys(s) for Defendant

Braunstein, Joshua E. (District of Columbia)

Connolly, Kathleen Ann (District of Columbia)

Greenstein, Saul (District of Columbia)

Heller, Zoe (District of Columbia)

Kline, David J. (District of Columbia)

Leibman, Melissa S. (District of Columbia)

Peachey, William Charles (District of Columbia)

Pinchas, David E (California)

Readler, Chad Andrew (District of Columbia)

Truman, P Michael (District of Columbia)

Ward, Brian Christopher (District of Columbia)

Other Attorney(s)

Cruz, Evelyn H. (Arizona)

Jackson, Kristen M. (California)

Lawrence, Victor M. (District of Columbia)

Shah, Ragini (Massachusetts)

Documents in the Clearinghouse

Document

Docket [PACER]

Perez-Olano v. Gonzalez

July 3, 2012 Docket
50

Amended Order Denying in Part and Granting in Part Motion to Dismiss

Perez-Olano v. Gonzalez

Aug. 17, 2006 Order/Opinion
121

Order Granting in Part and Denying in Part Plaintiffs’ Motion for Class Certification and Granting in Part and Denying in Part Plaintiffs’ Motion for Partial Summary Adjudication

Perez-Olano v. Gonzalez

248 F.R.D. 248

Jan. 8, 2008 Order/Opinion
135

Order Denying Defendants' Ex Parte Application For a Stay of the Injunction

Perez-Olano v. Gonzalez

2008 WL 11336794

Feb. 5, 2008 Order/Opinion
159-1

Settlement Agreement

Perez-Olano v. Holder

May 4, 2010 Settlement Agreement
159

Notice of Motion and Join Motion for Approval of Settlement Agreement and Notice to Class, and Memorandum in Support

Perez-Olano v. Holder

2010 WL 3617435

Oct. 4, 2010 Settlement Agreement
176

Notice of Motion and Motion for Class-Wide Enforcement of Settlement

Perez-Olano v. Gonzalez

July 21, 2014 Pleading / Motion / Brief

Policy Memorandum

Perez-Olano v. Holder

No Court

June 25, 2015 Statute/Ordinance/Regulation
191

Memorandum of Points and Authorities in Support of Motion for Enforcement of Settlement Agreement

Perez-Olano v. Sessions

June 9, 2017 Pleading / Motion / Brief
221

Response to Notice of Supplemental Authority

Perez-Olano v. Sessions

June 20, 2017 Pleading / Motion / Brief

Resources

Title Description External URL

Stipulation Reached in Case for Abused, Abandoned or Neglected Immigrant Children

Catholic Legal Immigration Network (CLINIC)

On March 4, 2015, the Center for Human Rights and Constitutional Law (CHRCL) and Public Counsel (both based in Los Angeles) reached an important agreement with the DHS that allows certain applicants … March 4, 2015 https://cliniclegal.org/resources/articles-clinic/stipulation-reached-case-abused-abandoned-or-neglected-immigrant-children

Update to Settlement Agreement in Perez-Olano v. Holder: USCIS

Daniel M. Kowalski

"USCIS and plaintiffs have agreed to a stipulation to the Perez-Olano settlement agreement involving cases in which Special Immigrant Juvenile (SIJ) petitions or SIJ-based applications for adjustment… April 18, 2015 https://www.lexisnexis.com/legalnewsroom/immigration/b/insidenews/archive/2015/04/28/update-to-settlement-agreement-in-perez-olano-v-holder-uscis.aspx?Redirected=true

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4143164/luis-javier-perez-olano-v-alberto-gonzalez/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
4

NOTICE OF FILING OF EXHIBIT in support of APPLICATION for Temporary Restraining Order 3 filed by Plaintiff Luis Javier Perez-Olano. (jp, ) (Entered: 05/19/2005)

May 13, 2005 PACER
3

APPLICATION for Temporary Restraining Order filed by plaintiff Luis Javier Perez-Olano. Lodged Temporary Restraining Order. (jp, ) (Entered: 05/19/2005)

May 13, 2005 PACER
2

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Luis Javier Perez-Olano. (jp, ) (Entered: 05/19/2005)

May 13, 2005 PACER

60 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants Alberto Gonzalez, Robert S Mueller, Michael Chertoff. (jp, )

May 13, 2005 PACER
1

COMPLAINT against Defendants Alberto Gonzalez, Robert S Mueller, Michael Chertoff. (Filing fee $ 250 paid), filed by plaintiff Luis Javier Perez-Olano.(jp, ) (Entered: 05/19/2005)

May 13, 2005 PACER

PLACED IN FILE - NOT USED re proposed temporary restraining order submitted by plaintiff Luis Javier Perez-Olano. (bp, )

May 16, 2005 PACER
5

Notice of Withdrawal of APPLICATION for Temporary Restraining Order 3 filed by plaintiff, Luis Javier Perez-Olano. (sv) (Entered: 05/24/2005)

May 16, 2005 PACER
6

STIPULATION Re Extension not Time To Respond to Complaint. Alberto Gonzalez answer due 8/11/2005; Robert S Mueller answer due 8/11/2005; Michael Chertoff answer due 8/11/2005. filed by Plaintiff Luis Javier Perez-Olano and Defendnats Alberto Gonzalez; Robert S Mueller; Michael Chertoff. (dw, ) (Entered: 07/11/2005)

July 7, 2005 PACER
7

STIPULATION Re Extension of Time to Respond to Complaint filed by Plaintiff Luis Javier Perez-Olano; and Defendants Alberto Gonzalez; Robert S Mueller; Michael Chertoff. Defendants Extension to 10/9/05. (dw, ) (Entered: 08/09/2005)

Aug. 5, 2005 PACER
9

NOTICE OF MOTION AND MOTION to Dismiss Case; Memorandum of points and authorities; Declarations of Michele Obrien and David Pinchas; filed by defendants. Motion set for hearing on 10/31/2005 at 10:00 AM before Honorable Dean D. Pregerson. (mg, ) (Entered: 10/14/2005)

Oct. 7, 2005 PACER
8

NOTICE of Interested Parties filed by Defendants Alberto Gonzalez, Robert S Mueller, Michael Chertoff. (dw, ) (Entered: 10/12/2005)

Oct. 7, 2005 PACER
11

REPLY to Non-Opposition to Motion to Dismiss 9 filed by Defendants Alberto Gonzalez, Robert S Mueller, Michael Chertoff. (ir, ) (Entered: 10/26/2005)

Oct. 24, 2005 PACER
16

SUBMISSION Regarding MOTION to Dismiss 9 filed by plaintiffs Luis Javier Perez-Olano, Manuel Gomez, Michael Yuban Obando. (ca, ) (Entered: 10/28/2005)

Oct. 25, 2005 PACER
12

FIRST AMENDED COMPLAINT against Defendants Alberto Gonzalez, Robert S Mueller, Michael Chertoff amending Complaint - (Discovery) 1,filed by Plaintiff Luis Javier Perez-Olano (dw, ) (Entered: 10/26/2005)

Oct. 25, 2005 PACER
15

CORRECTED FIRST AMENDED COMPLAINT against Defendants Alberto Gonzalez, Robert S Mueller, Michael Chertoff correcting Amended Complaint 12,filed by Plaintiffs Manuel Gomez, Michael Yuban Obando, Luis Javier Perez-Olano (shb, ) (Entered: 10/28/2005)

Oct. 26, 2005 PACER
14

Plaintiff's NOTICE of Filing of Corrected Amended Complaint filed by Plaintiffs Luis Javier Perez-Olano. (shb, ) (Entered: 10/27/2005)

Oct. 26, 2005 PACER
13

NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Dean D. Pregerson ORDERING First amended complaint, notice of filing corrected amended complaint submitted by Plaintiff Luis Javier Perez-Olano received on 10/26/05 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(shb, ) (Entered: 10/27/2005)

Oct. 26, 2005 PACER
10

MINUTES OF IN CHAMBERS ORDER by Judge Dean D. Pregerson :COUNSEL ARE NOTIFIED that on the Court's own motion the MOTION TO DISMISS (FILED ON 10-07-05) set for October 31, 2005 at 10:00 a.m., is hereby VACATED and deemed MOOT.Court Reporter: none. (jc, ) (Entered: 10/26/2005)

Oct. 26, 2005 PACER

PLACED IN FILE - NOT USED re Application for order permitting filing of corrected first amended complaint submitted by Plaintiffs Luis Javier Perez-Olano, Manuel Gomez, Michael Yuban Obando. (shb, )

Oct. 27, 2005 PACER

PLACED IN FILE - NOT USED re (Proposed) Order re Filing of COrrected First Amended Complaint submitted by Plaintiffs Luis Javier Perez-Olano, Manuel Gomez, Michael Yuban Obando. (shb, )

Oct. 27, 2005 PACER
17

NOTICE OF MOTION AND MOTION For Class Certification; Supporting Memorandum of Ponits and Authorities filed by Plaintiffs Luis Javier Perez-Olano, Manuel Gomez, Michael Yuban Obando. Motion set for hearing on 12/19/2005 at 10:00 AM (dw, ) (Entered: 11/08/2005)

Nov. 4, 2005 PACER
18

MINUTES OF (IN CHAMBERS) by Judge Dean D. Pregerson: COUNSEL ARE NOTIFIED that on the Court's own motion the MOTION FOR CLASS CERTIFICATION (FILED ON 11/4/05) is hereby continued to 1/9/06 at 10:00am. RE: MOTION to Certify Class 17 Court Reporter: None Present. (dw, ) (Entered: 11/08/2005)

Nov. 7, 2005 PACER
19

NOTICE OF MOTION AND RENEWED MOTION to Dismiss filed by Defendant Alberto Gonzalez, Robert S Mueller and Michael Chertoff. Motion set for hearing on 1/9/2006 at 10:00 AM before Honorable Dean D. Pregerson. (yl, ) (Entered: 11/17/2005)

Nov. 9, 2005 PACER
20

NOTICE of Appearance filed by attorney Saul Greenstein on behalf of Defendants Alberto Gonzalez, Robert S Mueller, Michael Chertoff. (Saul Greenstein will be sharing representation of the defendants with Assistant US Attorney David Pinchas) (dw, ) (Entered: 12/27/2005)

Dec. 27, 2005 PACER
21

STIPULATION To Continue Motions to Dismiss and For Class Certification; ORDER Thereon by Judge Dean D. Pregerson: IT IS SO ORDERED: Motions continued to 2/6/06 at 10:00am. re MOTION to Dismiss 19, MOTION to Certify Class 17 MOTION to Dismiss 19, (dw, ) (Entered: 01/04/2006)

Jan. 3, 2006 PACER
22

NOTICE OF MOTION AND MOTION to Amend Complaint and Add Parties; Supporting Memorandum of Points and Authorities 1 Complaint - (Discovery) filed by Plaintiffs Luis Javier Perez-Olano, Michael Yuban Obando. Motion set for hearing on 2/6/2006 at 10:00 AM before Judge Dean D. Pregerson. Lodged Second Amended Complaint. (dw, ) (Entered: 01/20/2006)

Jan. 13, 2006 PACER
23

EX PARTE APPLICATION For Order Continuing Hearing on Plaintiffs' Motion to Amend Complaint and Add Parties; 2) Points and Authorities; and 3) Declarations of Saul Greenstein and Leon Weidman filed by Defendants Alberto Gonzalez, Robert S Mueller, Michael Chertoff. Lodged Proposed Order. (dw, ) (Entered: 01/23/2006)

Jan. 20, 2006 PACER
27

OPPOSITION to Plaintiff's MOTION for Class Certification 17 filed by Defendants Alberto Gonzalez, Robert S Mueller. (dw, ) (Entered: 02/02/2006)

Jan. 23, 2006 PACER
25

OPPOSITION to Motion to Dismiss 19 filed by Plaintiffs Luis Javier Perez-Olano, Manuel Gomez, Michael Yuban Obando. (ir, ) (Entered: 02/01/2006)

Jan. 23, 2006 PACER
28

OPPOSITION to EX PARTE APPLICATION to Continue Motion to Amend Complaint and Add Parties 23 filed by Plaintiffs Luis Javier Perez-Olano, Manuel Gomez, Michael Yuban Obando. (dw, ) (Entered: 02/02/2006)

Jan. 24, 2006 PACER
26

REPLY to Opposition to EX PARTE APPLICATION For Order Continuing Hearing on Plaintiffs' Motion to Amend Complaint and Add Parties 23 filed by Defendants Alberto Gonzalez, Robert S Mueller, Michael Chertoff. (dw, ) (Entered: 02/01/2006)

Jan. 25, 2006 PACER
24

MINUTES OF IN CHAMBERS ORDER by Judge Dean D. Pregerson :, RE: MOTION to Dismiss 19, MOTION to Certify Class 17 and MOTION to Dismiss 19,COUNSEL ARE NOTIFIED that on the Court's own motion the MOTION FOR CLASS CERTIFICATION (FILED ON 11-04-05) and the RENEWED MOTION TO DISMISS (FILED ON 11-09-05) are hereby continued from February 6, 2006 to March 13, 2006 at 10:00 a.m. Court Reporter: none. (jc, ) (Entered: 01/26/2006)

Jan. 26, 2006 PACER
29

ORDER Granting Defendants' Ex Parte Application for Order Continuing Hearing on Plaintiffs' Motion to Amend Complaint and Add Parties by Judge Dean D. Pregerson: IT IS ORDERED that the hearing of Plaintiffs' Motion to Amend Complaint and Add Parties is continued to 3/6/06 at 10:00am. re EX PARTE APPLICATION to Continue to 30 Day Extension 23 (dw, ) (Entered: 02/06/2006)

Jan. 27, 2006 PACER
30

DEFENDANTS' OPPOSITION TO PLAINTIFFS' (THIRD) MOTION to Amend Complaint and Add Parties re MOTION to Amend/Correct 1 Complaint - (Discovery) 22 filed by Defendants Alberto Gonzalez, Robert S Mueller, Michael Chertoff. (dw, ) (Entered: 02/27/2006)

Feb. 21, 2006 PACER
31

EX PARTE APPLICATION for Leave to file brief in excess of 25 pages filed by plaintiffs Luis Javier Perez-Olano, Manuel Gomez, Michael Yuban Obando. Lodged proposed order. (bp, ) (Entered: 03/03/2006)

Feb. 27, 2006 PACER
32

TABLE OF AUTHORITIES to Reply to Opposition to Motion to Amend Complaint and Add Parties re MOTION to Amend/Correct 1 Complaint - (Discovery) 22 filed by Plaintiffs Luis Javier Perez-Olano, Manuel Gomez, Michael Yuban Obando. (dw, ) (Entered: 03/03/2006)

Feb. 28, 2006 PACER
36

REPLY to Opposition to MOTION to Amend Complaint and Add Parties 22 filed by plaintiffs Luis Javier Perez-Olano, Manuel Gomez, Michael Yuban Obando. (jp, ) (Entered: 03/09/2006)

March 1, 2006 PACER
35

ORDER by Judge Dean D. Pregerson Granting Leave to file brief in excess of 25 pages 31 (jp, ) (Entered: 03/09/2006)

March 1, 2006 PACER
34

MINUTES OF Motion Hearing held before Judge Dean D. Pregerson :, RE: MOTION to Amend/Correct 1 Complaint 22 MINUTES OF Motion Hearing held before Judge Dean D. Pregerson: Court hears oral argument and takes the matter under submission. Court Reporter: Maria Bustillos. (jc,) (Entered: 03/06/2006)

March 6, 2006 PACER
33

MINUTES OF IN CHAMBERS ORDER by Judge Dean D. Pregerson :, RE: MOTION to Dismiss 19, MOTION to Certify Class 17 COUNSEL ARE NOTIFIED that on the Court's own motion the MOTION FOR CLASS CERTIFICATION (FILED ON 11-04-05) and RENEWED MOTION TO DISMISS (FILED ON 11-09-05) set for March 13, 2006 at 10:00 a.m., is hereby VACATED.Court Reporter: none. (jc, ) (Entered: 03/06/2006)

March 6, 2006 PACER
40

NOTICE OF FILING of Plaintiffs First Set of Exhibits filed by plaintiffs Luis Javier Perez-Olano, Manuel Gomez, Michael Yuban Obando. (jp, ) (Entered: 03/17/2006)

March 8, 2006 PACER
39

REPLY to Opposition to MOTION for Class Certification 17 filed by plaintiffs Luis Javier Perez-Olano, Manuel Gomez, Michael Yuban Obando. (jp, ) (Entered: 03/17/2006)

March 8, 2006 PACER
38

SUBMISSION RE: Filing of Class Certification Reply and First Set of Exhibits re 17 filed by plaintiffs Luis Javier Perez-Olano, Manuel Gomez, Michael Yuban Obando. (jp, ) (Entered: 03/17/2006)

March 8, 2006 PACER

PLACED IN FILE - NOT USED re SECOND AMENDED COMPLAINT for Injunctive Manadamus and Declaratory Relief submitted by Plaintiffs Luis Javier Perez-Olano, Manuel Gomez, Michael Yuban Obando. (dw, )

March 16, 2006 PACER
37

ORDER Granting Motion to Amend by Judge Dean D. Pregerson: For the foregoing reasons the Court grants the motion to amend in part and denies the motion in part. Plaintiffs have leave to file a Third Amended Complaint within 20 days of the date of this order. Defendants have 60 days from the filing of the amended complaint to file a responsive pleading. re MOTION to Amend/Correct 1 Complaint - (Discovery) 22 (dw, ) (Entered: 03/17/2006)

March 16, 2006 PACER
41

THIRD AMENDED COMPLAINT for Injunctive Mandamus and Declaratory Relief against Defendants Office of Refugee Resettlement, Alberto Gonzalez, Michael Chertoff; Party Robert S Mueller terminated amending First Corrected Complaint 15,filed by Plaintiffs Casa Libre Youth Shelter, Freddy Garrido-Martinez, Yan Jun Li, Luis Miguel Morales, Maejean Robinson, Lucia Urey, Luis Javier Perez-Olano, Manuel Gomez, Michael Yuban Obando (dw, ) (Entered: 04/07/2006)

April 5, 2006 PACER
42

STIPULATION to File Oversize Brief; ORDER by Judge Dean D. Pregerson: Pursuant to stipulation IT IS SO ORDERED. Defendants are granted leave to file its oversized brief, Defendants' Motion to Dismiss(dw, ) (Entered: 05/31/2006)

May 25, 2006 PACER
44

NOTICE of Motion to Dismiss Plaintiffs' Third Amended Complaint re MOTION to Dismiss Plaintiffs' Third Amended Complaint 43 filed by Defendants Office of Refugee Resettlement, Alberto Gonzalez, Michael Chertoff. (dw, ) (Entered: 06/09/2006)

June 2, 2006 PACER
43

DEFENDANTS' MOTION to Dismiss Plaintiffs' Third Amended Complaint filed by Defendants Office of Refugee Resettlement, Alberto Gonzalez, Michael Chertoff. Motion set for hearing on 6/26/2006 at 10:00 AM before Judge Dean D. Pregerson. (dw, ) (Entered: 06/09/2006)

June 2, 2006 PACER
45

OPPOSITION to MOTION to Dismiss Plaintiffs' Third Amended Complaint 43 filed by Plaintiffs Casa Libre Youth Shelter, Freddy Garrido-Martinez, Yan Jun Li, Luis Miguel Morales, Maejean Robinson, Lucia Urey, Luis Javier Perez-Olano, Manuel Gomez, Michael Yuban Obando. (klg, ) (Entered: 06/16/2006)

June 12, 2006 PACER
47

DEFENDANTS' REPLY to Plaintiffs' Opposition to Defendants' Motion to Dismiss Third Amended Complaint Re: MOTION to Dismiss Plaintiffs' Third Amended Complaint 43 filed by Defendants Office of Refugee Resettlement, Alberto Gonzalez, Michael Chertoff. (dw, ) (Entered: 06/27/2006)

June 19, 2006 PACER
46

MINUTES OF Motion Hearing held before Judge Dean D. Pregerson :, RE: MOTION to Dismiss Plaintiffs' Third Amended Complaint 43 MINUTES OF Motion Hearing held before Judge Dean D. Pregerson: Court hears oral argument and takes the matter under submission. Court Reporter: Maria Bustillos. (jc, ) (Entered: 06/26/2006)

June 26, 2006 PACER
48

DECLARATION of of Counsel re MOTION to Dismiss Plaintiffs' Third Amended Complaint 43 filed by Plaintiffs Casa Libre Youth Shelter, Freddy Garrido-Martinez, Yan Jun Li, Luis Miguel Morales, Maejean Robinson, Lucia Urey, Luis Javier Perez-Olano, Manuel Gomez, Michael Yuban Obando, Michael Chertoff. (dw, ) (Entered: 07/03/2006)

June 30, 2006 PACER
49

ORDER Denying in Part and Granting in Part Motion to Dismiss by Judge Dean D. Pregerson: Court grants the motion to dismiss cliams 1(c) 1(d) 1(e) and 3 without prejudice. Court denies the motion to dismiss as it pertains to all other claims. Plaintiffs have 30 days from the date of this order to file an fourth amended complaint. re MOTION to Dismiss Plaintiffs' Third Amended Complaint 43 (dw, ) (Entered: 08/01/2006)

July 31, 2006 PACER
51

REQUEST der for Clarification of Order denying in part and granting in part defendants motion to dismiss plaintiff third amended complaint filed by defendants Office of Refugee Resettlement, Alberto Gonzalez, Michael Chertoff. (jp) (Entered: 08/25/2006)

Aug. 15, 2006 PACER
50

AMENDED ORDER by Judge Dean D. Pregerson grants in part and denies in part the defendants motion to Dismiss 43 . Court grants the motion to dismiss claims 1(c), 1(d) and 3 without prejudice and dismisses claim 1(e) with prejudice. Court denies the motion to dismiss as it pertains to all other claims. Plaintiffs have thirty (30) days from the date of this order to file an fourth amended complaint.(ir, ) (Entered: 08/17/2006)

Aug. 16, 2006 PACER
52

FOURTH AMENDED COMPLAINT against Defendants Alberto Gonzalez, Michael Chertoff, Office of Refugee Resettlement, amending Third Amended Complaint 41 filed by Plaintiffs Casa Libre Youth Shelter, Freddy Garrido-Martinez, Yan Jun Li, Luis Miguel Morales, Maejean Robinson, Lucia Urey, Luis Javier Perez-Olano, Manuel Gomez, Michael Yuban Obando (ir, ) (Entered: 09/14/2006)

Sept. 13, 2006 PACER
53

STIPULATION AND ORDER by Judge Dean D. Pregerson: Defendants are granted leave to file their responses to Plaintiffs Fourth Amended Complaint on or before 11/13/2006.(ir, ) (Entered: 09/26/2006)

Sept. 25, 2006 PACER
54

ANSWER to Fourth Amended Complaint 52 filed by Defendants.(ir, ) (Entered: 11/17/2006)

Nov. 13, 2006 PACER
55

JOINT REPORT Rule 26(f) Discovery Plan filed; estimated length of trial 10 days. (et) (Entered: 11/22/2006)

Nov. 15, 2006 PACER

PLACED IN FILE - NOT USED re STIPULATION to continue hearing on plaintif-in-interventions motion to intervene submitted by defendants Office of Refugee Resettlement, Alberto Gonzalez, Michael Chertoff. (et, )

Jan. 3, 2007 PACER
57

NOTICE of Appearance filed by attorney P Michael Truman on behalf of Defendants Office of Refugee Resettlement, Alberto Gonzalez, Michael Chertoff (ir, ) (Entered: 01/16/2007)

Jan. 8, 2007 PACER
56

PROOF OF SERVICE Executed by Plaintiffs addressed to Saul Greenstein Office of Immigrationi Litigation in Washington; Carlos Holguin Center of Human Rights and Constitutional Law, David Pinchas served on 12/15/2006, answer due 2/13/2007. The Motion to proceed in forma pauperis, Complaint in intervention were served by US Mail, first class postage, by Federal statute. Original Summons not returned. (ir, ) (Entered: 01/12/2007)

Jan. 9, 2007 PACER

PLACED IN FILE - NOT USED re Stipulation to continue hearing on plaintiff-in-intervention's motion to intervene submitted by Defendants Office of Refugee Resettlement, Alberto Gonzalez, Michael Chertoff. (shb, )

Jan. 26, 2007 PACER

PLACED IN FILE - NOT USED submitted by Plaintiff in Intervention Roberto De Lima. (shb, )

Feb. 8, 2007 PACER
58

STIPULATION TO HOLD DEFENDANTS' ANSWER IN ABEYANCE PENDING THE COURT'S DECISION ON MOTION TO INTERVENE AND ORDER by Judge Dean D. Pregerson: Pursuant to the stipulation, IT IS SO ORDERED, Defendants' answer to Plaintiff-in Intervention's Complaint is held in abeyance pending the Court's decision on Plaintiff in Intervention's Motion to Inervene. Defendant's andswer to plaintiff-in intervention's complaint will not be due util 30 days after the court's decision on the motion to intervene.(shb, ) (Entered: 02/09/2007)

Feb. 9, 2007 PACER
61

NOTICE OF MOTION AND MOTION for Intervene as of right and Permissive intervention; Supporting Memorandum of Points and Authorities filed by intervenor plaintiff Roberto De Lima. Motion set for hearing on 4/9/2007 at 10:00 AM before Judge Dean D. Pregerson. (jp) (Entered: 03/23/2007)

March 7, 2007 PACER

FAX number for Attorney Evelyn H Cruz is 480-727-9046. (ir, )

March 7, 2007 PACER
59

NOTICE of Interested Parties filed by Intervenor Plaintiff Roberto De Lima. (ir, ) (Entered: 03/08/2007)

March 7, 2007 PACER
71

PLAINTIFFS' SECOND SET OF EXHIBITS (mg, ) (Entered: 04/06/2007)

March 14, 2007 PACER
70

APPLICATION for Temporary Restraining Order Order to Show Cause filed by Plaintiffs. Application set for hearing on 3/19/2007 at 10:00 AM before Judge Dean D. Pregerson. (mg, ) (Entered: 04/06/2007)

March 14, 2007 PACER
69

NOTICE OF MOTION AND MOTION to Add Party; Supporting Memorandum of Points and Authorities; filed by Plaintiffs. Motion set for hearing on 3/19/2007 at 10:00 AM before Judge Dean D. Pregerson. (mg, ) (Entered: 04/06/2007)

March 14, 2007 PACER
60

EX PARTE APPLICATION to Shorten Time for Hearing to 3/19/07 filed by Plaintiffs Casa Libre Youth Shelter, Freddy Garrido-Martinez, Yan Jun Li, Luis Miguel Morales, Maejean Robinson, Lucia Urey, Roberto De Lima, Luis Javier Perez-Olano, Manuel Gomez, Michael Yuban Obando. Lodged proposed order; proposed motion; proposed application for TRO and order. (shb, ) (Entered: 03/15/2007)

March 14, 2007 PACER
64

ORDER by Judge Dean D. Pregerson that Plaintiffs Ex Parte Application to Shorten Time for Hearing on the Motion to add Rosa Diaz Godinez as a party plaintiff 60 is GRANTED. Court will hear plaintiffs motion to add party on 3/19/07 at 10::00. (ir, ) (Entered: 03/30/2007)

March 15, 2007 PACER
67

OPPOSITION to Plaintiffs' APPLICATION for Temporary Restraining Order 3 filed by Defendants (mg, ) (Entered: 04/03/2007)

March 16, 2007 PACER
72

MINUTES of Motion Hearing held before Judge Dean D. Pregerson: Proceedings: Temporary Restraining Order to Show Cause Re: Preliminary Injunction 70 filed 3/14/07; MOTION to Add Party 69 filed 3/14/07. Court hears oral argument and takes the matters under submission. Court Reporter: Maria Bustillos. (mg, ) (Entered: 04/06/2007)

March 19, 2007 PACER
68

NOTICE OF FILING DECLARATION of Saul Greenstein in Opposition to APPLICATION for Temporary Restraining Order 3 filed by Defendants Alberto Gonzalez, Michael Chertoff, Robert Mueller. (mg, ) (Entered: 04/03/2007)

March 19, 2007 PACER
66

PLAINTIFFS THIRD SET OF EXHIBITS [Exhibits 19-20] filed by Plaintiffs Casa Libre Youth Shelter, Freddy Garrido-Martinez, Yan Jun Li, Luis Miguel Morales, Maejean Robinson, Lucia Urey, Luis Javier Perez-Olano, Manuel Gomez, Michael Yuban Obando. (jp) (Entered: 04/03/2007)

March 19, 2007 PACER
73

OPPOSITION to Roberto Jose De Lima's MOTION to Intervene 61 filed by Defendants (mg, ) (Entered: 04/06/2007)

March 26, 2007 PACER
63

STATEMENT of NON OPPOSITION TO MOTION to Intervene n 61 filed by Plaintiffs Casa Libre Youth Shelter, Freddy Garrido-Martinez, Yan Jun Li, Luis Miguel Morales, Maejean Robinson, Lucia Urey, Roberto De Lima, Luis Javier Perez-Olano, Manuel Gomez, Michael Yuban Obando. (shb, ) (Entered: 03/28/2007)

March 26, 2007 PACER
62

PLAINTIFFS' STATUS REPORT RE APPLICATION FOR TEMPORARY RESTRAINING ORDRE ANDMOTION TO ADD PARTY filed by Plaintiffs Casa Libre Youth Shelter, Freddy Garrido-Martinez, Yan Jun Li, Luis Miguel Morales, Maejean Robinson, Lucia Urey, Luis Javier Perez-Olano, Manuel Gomez, Michael Yuban Obando, Intervenor Plaintiff Roberto De Lima. (shb, ) (Entered: 03/28/2007)

March 26, 2007 PACER
74

RESPONSE to Plaintiff Status Report regarding APPLICATION for Temporary Restraining Order 70, and MOTION to Add Party 69 filed by Defendants Office of Refugee Resettlement, Alberto Gonzalez, Michael Chertoff. (jp) (Entered: 04/21/2007)

March 30, 2007 PACER
65

MINUTES (IN CHAMBERS ORDER) held before Judge Dean D. Pregerson: On the Court's own motion, the MOTION to Intervention, by Roberto De Lima, as of Right and Permissive Intervention 61, is hereby continued from 4/9/07 to 4/30/2007 at 10:00 AM before Judge Dean D. Pregerson.Court Reporter: None Present. (mg, ) (Entered: 04/02/2007)

April 2, 2007 PACER
78

MINUTES OF Motion Hearing held before Judge Dean D. Pregerson :, RE: MOTION to Intervene MOTION for Order for intervention MOTION for Order for intervention 61 . Court hears oral argument and takes the matter under submission. Court Reporter: Maria Bustillos. (jd, ) (Entered: 05/17/2007)

April 30, 2007 PACER
77

ORDER by Judge Dean D. Pregerson GRANTING MOTION to Intervene by Roberto Jose de Lima 61 . (mg, ) (Entered: 05/03/2007)

April 30, 2007 PACER
76

ORDER by Judge Dean D. Pregerson Denying APPLICATION for Temporary Restraining Order 70, and MOTION to Add Ms. Diaz as a Party 69 . (mg, ) (Entered: 05/03/2007)

April 30, 2007 PACER
75

ORDER by Judge Dean D. Pregerson Setting Scheduling Conference for 6/4/2007 at 04:00 PM (mg, ) (Entered: 05/02/2007)

April 30, 2007 PACER
85

JOINT REPORT Pursuant to Rule 26(f) Discovery Plan; estimated length of trial 10 days, filed by Plaintiffs Casa Libre Youth Shelter, Freddy Garrido-Martinez, Yan Jun Li, Luis Miguel Morales, Maejean Robinson, Lucia Urey, Luis Javier Perez-Olano, Manuel Gomez, Michael Yuban Obando, Intervenor Plaintiff Roberto De Lima. (ca) (Entered: 06/07/2007)

May 21, 2007 PACER
80

ANSWER to Intervenor Complaint of Roberto De Lima 79 filed by Defendant-in-intervention Michael Chertoff.(mg) (Entered: 06/06/2007)

May 29, 2007 PACER
83

PLAINTFFS' FOURTH SET OF EXHIBITS (mg) (Entered: 06/07/2007)

May 30, 2007 PACER
82

NOTICE OF RENEWED MOTION AND RENEWED MOTION for Class Certification; Supporting Memorandum of Points and Authorities; filed by Plaintiffs.Motion set for hearing on 7/9/2007 at 10:00 AM before Judge Dean D. Pregerson. (mg) (Entered: 06/07/2007)

May 30, 2007 PACER
81

MINUTES of Telephonic Scheduling Conference held before Judge Dean D. Pregerson: Court sets trial dates. (Refer to the Scheduling Order to be issued hereafter). Court Reporter: None Present.(mg) (Entered: 06/07/2007)

June 4, 2007 PACER
79

INTERVENOR COMPLAINT against Defendant-in-Intervention Michael Chertoff filed by plaintiff-in-intervention Roberto De Lima.(mg) (Entered: 06/06/2007)

June 4, 2007 PACER
84

MINUTES (IN CHAMBERS) by Judge Dean D. Pregerson: Counsel are notified that on the Court's own motion, the RENEWED MOTION for Class Certification 82 is hereby continued to 8/6/2007 at 10:00 AM before Judge Dean D. Pregerson.(mg) (Entered: 06/07/2007)

June 6, 2007 RECAP
86

SCHEDULING ORDER by Judge Dean D. Pregerson: Discovery cut-off: 9/1/2007. Motions due by 11/2/2007. Final Pretrial Conference set for 2/11/2008 at 04:00 PM. Two-day Court Trial set for 2/26/2008 at 09:00 AM before Judge Dean D. Pregerson. (mg) (Entered: 06/27/2007)

June 26, 2007 PACER
89

OPPOSITION TO PLAINTIFFS' MOTION For Class Certification 82 filed by Defendants (mg) (Entered: 08/07/2007)

July 25, 2007 PACER
88

STIPULATION AND ORDER by Judge Dean D. Pregerson granting Defendants leave to file its oversized brief, Defendants' Motion to Dismiss. (mg) (Entered: 08/07/2007)

July 25, 2007 PACER
91

REPLY in opposition to MOTION for Class Certification 82 filed by Plaintiffs Casa Libre Youth Shelter, Freddy Garrido-Martinez, Yan Jun Li, Luis Miguel Morales, Maejean Robinson, Lucia Urey, Luis Javier Perez-Olano, Manuel Gomez, Michael Yuban Obando, Intervenor Plaintiff Roberto De Lima. (esa) (Entered: 08/15/2007)

July 30, 2007 PACER
90

FIFTH SET OF EXHIBITS [Exhibits 30-31] filed by Plaintiffs Casa Libre Youth Shelter, Freddy Garrido-Martinez, Yan Jun Li, Luis Miguel Morales, Maejean Robinson, Lucia Urey, Luis Javier Perez-Olano, Manuel Gomez, Michael Yuban Obando, Intervenor Plaintiff Roberto De Lima. (esa) (Entered: 08/15/2007)

July 30, 2007 PACER
87

MINUTES OF IN CHAMBERS ORDER held before Judge Dean D. Pregerson : COUNSEL ARE NOTIFIED that on the court's own motion the RENEWED MOTION FOR CLASS CERTIFICATION (FILED ON 5/30/07) is hereby continued from 8/6/07 to 8/20/07 at 10:00 a.m. before Judge Dean D. Pregerson.(bp) (Entered: 08/01/2007)

July 31, 2007 PACER

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: May 13, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Class of immigrant youth who were formerly dependents of state courts because they have been abused, abandoned, or neglected, and who applied for classification as “special immigrant juveniles” (SIJ).

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Human Rights & Constitutional Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Federal Bureau of Investigation, Federal

U.S. Department of Homeland Security, Federal

U.S. Office of Refugee Resettlement, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $1,091,0441

Order Duration: 2010 - 2016

Content of Injunction:

Preliminary relief granted

Issues

General:

Juveniles

Immigration/Border:

Refugees

Status/Classification

Temporary protected status

Undocumented immigrants - rights and duties