Case: Carreon-Moctezuma v. Cejka

1:07-cv-00145 | U.S. District Court for the Southern District of Texas

Filed Date: Sept. 18, 2007

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On September 18, 2007, petitioner filed a petition for writ of habeas corpus and a class action complaint for declaratory and injunctive relief in the U.S. District Court for the Southern District of Texas, seeking to force federal immigration official Respondents to process her I-765 application for employment authorization ("EAD") in accordance with 8 C.F.R. §274.13(d), and without regard to Requests For Evidence ("RFEs") issued in conjunction with any application other than the I-765 itself.…

On September 18, 2007, petitioner filed a petition for writ of habeas corpus and a class action complaint for declaratory and injunctive relief in the U.S. District Court for the Southern District of Texas, seeking to force federal immigration official Respondents to process her I-765 application for employment authorization ("EAD") in accordance with 8 C.F.R. §274.13(d), and without regard to Requests For Evidence ("RFEs") issued in conjunction with any application other than the I-765 itself. Petitioner alleged that the government was misapplying several federal regulations, namely 8 C.F.R. § 274.13(d) and 8 C.F.R. § 103.2(b)(10)(ii).

Pursuant to 8 C.F.R. §103.2(b)(10)(i), the government could put a hold on any immigration application or petition (of any type) if it was "missing required evidence." If the application was held in suspension, the applicant was not entitled to receive "interim benefits." The government would then issue a RFE, giving the applicant the opportunity to supply the missing evidence.

Petitioner alleged that the government was applying this regulation to withhold interim EADs when an RFE had been issued in relation to an application other than the EAD, such as the underlying adjustment application. Petitioner sought to enjoin that practice.

An amended complaint, submitted on October 21, 2007, added two more petitioners in similar circumstances.

On December 10, 2007, defendants moved to dismiss the case as moot, indicating that petitioners had all responded to the RFEs with the evidence requested and had been issued EADs. After an unexplained ten-month gap on the docket, the Court (Judge Andrew S. Hanen) granted the motion on October 22, 2008.

Summary Authors

Christopher Schad (6/12/2012)

People


Judge(s)

Black, John William (Texas)

Hanen, Andrew S. (Texas)

Attorneys(s) for Plaintiff

Brodyaga, Lisa S. (Texas)

Attorneys(s) for Defendant

Benavides, Reno Carlo (Texas)

Bucholtz, Jeffrey S. (District of Columbia)

De Gabrielle, Donald J. Jr. (Texas)

Howard, William J. (District of Columbia)

Young, Stacey Ilene (District of Columbia)

Zeitlin, Benjamin (District of Columbia)

Judge(s)

Black, John William (Texas)

Hanen, Andrew S. (Texas)

Attorneys(s) for Plaintiff

Brodyaga, Lisa S. (Texas)

Attorneys(s) for Defendant

Benavides, Reno Carlo (Texas)

Bucholtz, Jeffrey S. (District of Columbia)

De Gabrielle, Donald J. Jr. (Texas)

Howard, William J. (District of Columbia)

Young, Stacey Ilene (District of Columbia)

Zeitlin, Benjamin (District of Columbia)

Documents in the Clearinghouse

Document

1:07-cv-00145

Docket (PACER)

Nov. 7, 2008

Nov. 7, 2008

Docket
13

1:07-cv-00145

First Amended Petition for Writ of Habeas Corpus and Class Action Complaint for Declaratory and Injunctive Relief

Oct. 21, 2007

Oct. 21, 2007

Complaint
18

1:07-cv-00145

Defendants' Motion to Dismiss

Dec. 10, 2007

Dec. 10, 2007

Pleading / Motion / Brief
23

1:07-cv-00145

Order [Granting Defendants' Motion to Dismiss]

Oct. 22, 2008

Oct. 22, 2008

Order/Opinion

Resources

Docket

Last updated Aug. 10, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number 3042759) filed by Felicitas Carreon−Moctezuma.(Brodyaga, Elisabeth) (Entered: 09/18/2007)

Sept. 18, 2007

Sept. 18, 2007

2

SEALED EXHIBITS, filed.(Brodyaga, Elisabeth) (Entered: 09/18/2007)

Sept. 18, 2007

Sept. 18, 2007

3

SEALED EXHIBITS, filed.(Brodyaga, Elisabeth) (Entered: 09/18/2007)

Sept. 18, 2007

Sept. 18, 2007

4

EXHIBITS re: 1 Petition for Writ of Habeas Corpus by Felicitas Carreon−Moctezuma, filed.(Brodyaga, Elisabeth) (Entered: 09/18/2007)

Sept. 18, 2007

Sept. 18, 2007

5

SEALED EXHIBITS, filed.(Brodyaga, Elisabeth) (Entered: 09/18/2007)

Sept. 18, 2007

Sept. 18, 2007

6

ORDER, entered. IT IS HEREBY ORDERED that Respondents, T. Diane Cejka, Michael Chertoff, and the United States of America, file their response(s) no later than November 19, 2007. (Signed by Judge John Wm Black) Parties notified.(gmendieta) (Entered: 09/19/2007)

Sept. 19, 2007

Sept. 19, 2007

***Set Deadlines: Response due by 11/19/2007 (bvasquez, ) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

Summons Issued as to T. Diane Cejka, filed.(bvasquez, ) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

Summons Issued as to Michael Chertoff, filed.(bvasquez, ) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

Summons Issued as to Peter Keisler, Acting U.S. Attorney General, filed.(bvasquez, ) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

7

Supplemental EXHIBITS re: 1 Petition for Writ of Habeas Corpus by Felicitas Carreon−Moctezuma, filed.(Brodyaga, Elisabeth) (Entered: 09/24/2007)

Sept. 24, 2007

Sept. 24, 2007

8

Supplemental EXHIBITS re: 1 Petition for Writ of Habeas Corpus by Felicitas Carreon−Moctezuma, filed.(Brodyaga, Elisabeth) (Entered: 09/24/2007)

Sept. 24, 2007

Sept. 24, 2007

9

Supplemental EXHIBITS re: 1 Petition for Writ of Habeas Corpus by Felicitas Carreon−Moctezuma, filed.(Brodyaga, Elisabeth) (Entered: 09/24/2007)

Sept. 24, 2007

Sept. 24, 2007

10

RETURN of Service of SUMMONS Executed as to United States of America served on 9/28/2007, answer due 11/27/2007, filed.(Brodyaga, Elisabeth) (Entered: 10/21/2007)

Oct. 21, 2007

Oct. 21, 2007

11

RETURN of Service of SUMMONS Executed as to Michael Chertoff served on 10/9/2007, answer due 12/10/2007, filed.(Brodyaga, Elisabeth) (Entered: 10/21/2007)

Oct. 21, 2007

Oct. 21, 2007

12

RETURN of Service of SUMMONS Executed as to T. Diane Cejka served on 9/28/2007, answer due 11/27/2007, filed.(Brodyaga, Elisabeth) (Entered: 10/21/2007)

Oct. 21, 2007

Oct. 21, 2007

13

First AMENDED Complaint against T. Diane Cejka, Michael Chertoff, United States of America filed by Angelica Alejandra Alamillo, Oswald Byiringiro Hakorinama, Felicitas Carreon−Moctezuma.(Brodyaga, Elisabeth) (Entered: 10/21/2007)

Oct. 21, 2007

Oct. 21, 2007

14

SEALED EXHIBITS, filed.(Brodyaga, Elisabeth) (Entered: 10/21/2007)

Oct. 21, 2007

Oct. 21, 2007

15

SEALED EXHIBITS, filed. (Brodyaga, Elisabeth) (Entered: 10/22/2007)

Oct. 22, 2007

Oct. 22, 2007

16

Unopposed MOTION for Extension of Time to file Response to Habeas PetitionMotions referred to John William Black. by T. Diane Cejka, Michael Chertoff, United States of America, filed. Motion Docket Date 11/28/2007. (Attachments: # 1 Proposed Order)(Benavides, Rene) (Entered: 11/08/2007)

Nov. 8, 2007

Nov. 8, 2007

17

ORDER granting 16 Motion for Extension of Time; Came on to be heard by the Court this day the Unopposed Motion to Extend the Response Deadline to the Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief. After reviewing the pleadings, the Court is of the opinion the Motion should be GRANTED. It is therefore, ORDERED that the Respondent's response deadline is extended to December 10, 2007.( Signed by Judge John William Black ) Parties notified.(bcampos, ) (Entered: 11/09/2007)

Nov. 9, 2007

Nov. 9, 2007

***Answer due for T. Diane Cejka 12/10/2007; United States of America 12/10/2007. (bcampos, ) (Entered: 11/09/2007)

Nov. 9, 2007

Nov. 9, 2007

18

MOTION to Dismiss 13 Amended Complaint/Counterclaim/Crossclaim etc., 1 Petition for Writ of Habeas Corpus Motions referred to John William Black. by T. Diane Cejka, Michael Chertoff, United States of America, filed. Motion Docket Date 12/31/2007. (Attachments: # 1 Affidavit # 2 Proposed Order)(Benavides, Rene) (Entered: 12/10/2007)

Dec. 10, 2007

Dec. 10, 2007

19

Unopposed MOTION for Benjamin Zeitlin and Stacey Young to Appear Pro Hac ViceMotions referred to John William Black. by T. Diane Cejka, Michael Chertoff, United States of America, filed. Motion Docket Date 12/31/2007. (Benavides, Rene) (Entered: 12/10/2007)

Dec. 10, 2007

Dec. 10, 2007

20

ORDER granting 19 Motion to Appear Pro Hac Vice regarding Stacey Young for all Defendants.( Signed by Judge John William Black ) Parties notified.(bcampos, ) (Entered: 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

21

ORDER Granting 19 Motion to Appear Pro Hac Vice by Benjamin Zeitlin as to T. Diane Cejka, Michael Chertoff, United States of America. (Signed by Judge John Wm Black) Parties notified.(gmendieta) (Entered: 12/13/2007)

Dec. 13, 2007

Dec. 13, 2007

23

ORDER granting 18 Motion to Dismiss.(Signed by Judge Andrew S. Hanen) Parties notified.(bcampos, ) (Entered: 10/22/2008)

Oct. 22, 2008

Oct. 22, 2008

24

Mail Returned Undeliverable as to attorney Stacey Young re: 23 Order on Motion to Dismiss, filed. (aalonzo, ) (Entered: 11/10/2008)

Nov. 7, 2008

Nov. 7, 2008

Case Details

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 18, 2007

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

National class consisting of all persons who are seeking the status of permanent residents, who have filed or will in the future file I-765s in conjunction with pending I-485s, and who have received or will receive RFEs additional evidence

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

Department of Homeland Security, Federal

U.S. Citizenship & Immigration Services, Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Declaratory Judgment Act, 28 U.S.C. § 2201

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Mixed

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Habeas Corpus

Immigration/Border:

Constitutional rights