Case: Torres-Barragan v. Holder

2:09-cv-08564 | U.S. District Court for the Central District of California

Filed Date: Nov. 20, 2009

Closed Date: April 10, 2012

Clearinghouse coding complete

Case Summary

The plaintiffs in this immigration suit are a binational male couple, legally married in California since October 2008. A month after their marriage, the American member of the couple filed an I-130, seeking permission for his husband, to immigrate to the U.S. It was denied by U.S. Citizenship and Immigration Services, and on appeal, by the Board of Immigration Appeals, both on the grounds that the federal Defense of Marriage Act precluded USCIS's recognition of the California marriage. It i…

The plaintiffs in this immigration suit are a binational male couple, legally married in California since October 2008. A month after their marriage, the American member of the couple filed an I-130, seeking permission for his husband, to immigrate to the U.S. It was denied by U.S. Citizenship and Immigration Services, and on appeal, by the Board of Immigration Appeals, both on the grounds that the federal Defense of Marriage Act precluded USCIS's recognition of the California marriage.

It is unclear from the public documents available, but there seem to have been removal proceedings pending at the same time. In any event, several strands of litigation ensued. The Mexican member of the couple filed several appeals from BIA actions in the Court of Appeals for the 9th Circuit, the first on August 28, 2008. These were consolidated as No. 08-73745. A stay of removal (that is, deportation) was in force. Next, plaintiffs filed this suit in U.S. District Court for the Central District of California on November 20, 2009, alleging that denial of the petition violated the anti-discrimination provision of the Immigration and Nationality Act ("INA"), and their Equal Protection Rights. The Court of Appeals consideration of the pending BIA appeal was stayed while the District Court considered this case. On April 30, 2010, the Court rejected the lawsuit, holding that it was foreclosed by prior 9th Circuit precedent (Adams v. Howerton, 673 F.2d 1036 (9th Cir. 1982)). The plaintiffs appealed.

While the appeal was pending, on February 23, 2011, the Obama Administration formally took the position in a letter to Congress that DOMA is unconstitutional. The Attorney General explained that the Department of Justice would continue to enforce the law, but would not defend it in federal court.

The other BIA appeals involving this same couple were still pending in the 9th Circuit. (These were 9th Circuit Nos. 08-73745 and 09-71226). On August 9, 2011, the Court of Appeals granted the unopposed motion filed by petitioner in those cases (Torres-Barragan) to remand the two immigration petitions for further review by the Board of Immigration Appeals. On the same day, the Court stayed the appeal in this suit (9th Cir. No. 10-55768). On April 10, 2012, the plaintiffs voluntarily dismissed the appeal. This case appears to be concluded.

Summary Authors

Nadji Allan (10/23/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/12675078/parties/luis-francisco-torres-barragan-v-eric-h-holder-jr/


Judge(s)

Goldman, Marc L (California)

Klausner, Robert Gary (California)

Attorneys(s) for Plaintiff

Manulkin, Gary H. (California)

Tanner, Reyna Manulkin (California)

Attorneys(s) for Defendant

Carlson, Jesi J. (District of Columbia)

Clement, Paul D. (District of Columbia)

Dugan, Conor Brendan (District of Columbia)

Murley, Nicole N. (District of Columbia)

Radford, Emily Ann (District of Columbia)

Other Attorney(s)

Active

Judge(s)

Goldman, Marc L (California)

Klausner, Robert Gary (California)

Attorneys(s) for Plaintiff

Manulkin, Gary H. (California)

Tanner, Reyna Manulkin (California)

Attorneys(s) for Defendant

Carlson, Jesi J. (District of Columbia)

Clement, Paul D. (District of Columbia)

Dugan, Conor Brendan (District of Columbia)

Murley, Nicole N. (District of Columbia)

Radford, Emily Ann (District of Columbia)

Other Attorney(s)

Davidson, Jon Warren (California)

Documents in the Clearinghouse

Document

2:09-cv-08564

Docket

Barragan v. Holder

June 13, 2012

June 13, 2012

Docket
24

2:09-cv-08564

Order re: Defendant's Motion to Dismiss

Barragan v. Holder

2010 WL 9485872

April 30, 2010

April 30, 2010

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12675078/luis-francisco-torres-barragan-v-eric-h-holder-jr/

Last updated July 29, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT AND PETITION FOR WRIT OF MANDAMUS against defendants Jane Arellano, Eric H Holder, Jr, Janet Napolitano, Michael Aytes; (Filing fee $350 PAID); filed by plaintiffs Luis Francisco Torre Barragan, Patrick Clark.(esa) (ds). (Entered: 11/25/2009)

Nov. 20, 2009

Nov. 20, 2009

PACER

60 DAY Summons Issued re Complaint - (Discovery) 1 as to defendants Jane Arellano, Eric H Holder, Jr, Janet Napolitano, Michael Aytes. (esa)

Nov. 20, 2009

Nov. 20, 2009

PACER
2

CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by plaintiffs Luis Francisco Torre Barragan, Patrick Clark. (esa) (ds). (Entered: 11/25/2009)

Nov. 20, 2009

Nov. 20, 2009

PACER
3

STANDING ORDER by Judge R. Gary Klausner, (sce) (Entered: 12/16/2009)

Dec. 16, 2009

Dec. 16, 2009

PACER
4

NOTICE of Appearance filed by attorney Jesi J Carlson on behalf of Defendants Jane Arellano, Eric H Holder, Jr, Janet Napolitano, Michael Aytes (Carlson, Jesi) (Entered: 12/28/2009)

Dec. 28, 2009

Dec. 28, 2009

PACER
5

STANDING ORDER by Judge R. Gary Klausner, (sce) (Entered: 01/26/2010)

Jan. 15, 2010

Jan. 15, 2010

PACER
6

FIRST STIPULATION Extending Time to Answer the complaint as to Jane Arellano answer now due 3/5/2010; Eric H Holder, Jr answer now due 3/5/2010; Janet Napolitano answer now due 3/5/2010; Michael Aytes answer now due 3/5/2010, filed by Defendants Jane Arellano; Eric H Holder, Jr; Janet Napolitano; Michael Aytes.(Carlson, Jesi) (Entered: 01/29/2010)

Jan. 29, 2010

Jan. 29, 2010

PACER
7

NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Jane Arellano, Michael Aytes, Eric H Holder, Jr, Janet Napolitano. Motion set for hearing on 4/19/2010 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Exhibit A, B & C, # 2 Proposed Order)(Carlson, Jesi) (Entered: 03/05/2010)

March 5, 2010

March 5, 2010

PACER
8

NOTICE OF MOTION AND Counter MOTION to Withdraw Reference, First MOTION for Summary Judgment ( Motion set for hearing on 4/19/2010 at 09:00 AM before Judge R. Gary Klausner.), Counter MOTION to Dismiss Case Opposition to Motion to Dismiss ( Motion set for hearing on 4/19/2010 at 09:00 AM before Judge R. Gary Klausner.) filed by Plaintiffs Luis Francisco Torre Barragan. (Attachments: # 1 Memorandum Points and Authorities, # 2 Memorandum Proposed Uncontroverted Facts, # 3 Proposed Order Proposed Order)(Tanner, Reyna) (Entered: 03/19/2010)

March 19, 2010

March 19, 2010

PACER
9

ORDER by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Counter MOTION to Withdraw Reference First MOTION for Summary Judgment Counter MOTION to Dismiss Case Opposition to Motion to Dismiss 8, for the following reasons: Local Rule 11-8 Memorandum/brief exceeding 10 pages shall contain table of contents. Opposition to Motion to Dismiss and Motion for Summary Judgment must be filed separately.; (shb) (Entered: 03/22/2010)

March 22, 2010

March 22, 2010

PACER
10

OPPOSITION to MOTION to Dismiss Case 7 Memorandum of Points and Authorities in Support of Opposition to Defendants' Motion to Dismiss filed by Plaintiffs Luis Francisco Torre Barragan, Patrick Clark. (Attachments: # 1 Proposed Order Proposed Order)(Tanner, Reyna) (Entered: 03/23/2010)

March 23, 2010

March 23, 2010

PACER
11

NOTICE OF MOTION AND MOTION for Summary Judgment Memorandum of Points and Authorities filed by Plaintiffs Luis Francisco Torre Barragan, Patrick Clark. Motion set for hearing on 4/26/2010 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Exhibit I-130 Petition Filing, # 2 Proposed Order Granting Plaintiffs' Motion for Summary Judgment, # 3 Memorandum Statement of Uncontroverted Facts and Conclusions of Law)(Tanner, Reyna) (Entered: 03/24/2010)

March 24, 2010

March 24, 2010

PACER
12

[MOTION WITHDRAWN] - EX PARTE APPLICATION to Reschedule Hold Plaintiffs' Motion for Summary Judgment in Abeyance Pending Outcome of Defendants' Motion to Dismiss or in the alternative, reschedule hearing date for Plaintiffs' Motion for Summary Judgment filed by Defendants Jane Arellano, Michael Aytes, Eric H Holder, Jr, Janet Napolitano. (Attachments: # 1 Exhibit A-C, # 2 Proposed Order)(Carlson, Jesi) Modified on 3/31/2010 (shb). (Entered: 03/29/2010)

March 29, 2010

March 29, 2010

PACER
13

Notice of Withdrawal of Ex Parte Application to Reset, 12 filed by Defendants Jane Arellano, Michael Aytes, Eric H Holder, Jr, Janet Napolitano. (Carlson, Jesi) (Entered: 03/30/2010)

March 30, 2010

March 30, 2010

PACER
14

Joint STIPULATION to Reschedule Hearings on April 19, 2010 and April 26, 2010 to June 21, 2010, Joint STIPULATION for Hearing filed by Plaintiffs Luis Francisco Torre Barragan, Patrick Clark. (Attachments: # 1 Proposed Order)(Tanner, Reyna) (Entered: 03/31/2010)

March 31, 2010

March 31, 2010

PACER
15

ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner: This matter is set for a scheduling conference on June 14, 2010 at 9:00 a.m. The Conference will be held pursuant to F.R.Civ. P. 16(b). (See Order for further details) (yl) (Entered: 03/31/2010)

March 31, 2010

March 31, 2010

PACER
16

NOTICE OF MOTION re MOTION for Summary Judgment Memorandum of Points and Authorities 11 filed by Plaintiffs Luis Francisco Torre Barragan, Patrick Clark. Motion set for hearing on 6/21/2010 at 09:00 AM before Judge R. Gary Klausner. (Tanner, Reyna) (Entered: 04/01/2010)

April 1, 2010

April 1, 2010

PACER
17

NOTICE OF MOTION AND MOTION to Withdraw MOTION for Summary Judgment Memorandum of Points and Authorities 11 filed by Plaintiffs Luis Francisco Torre Barragan, Patrick Clark. Motion set for hearing on 4/26/2010 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Exhibit)(Tanner, Reyna) (Entered: 04/02/2010)

April 2, 2010

April 2, 2010

PACER
18

NOTICE OF MOTION AND MOTION for Summary Judgment Memorandum of Points and Authorities filed by Plaintiffs Luis Francisco Torre Barragan, Patrick Clark. Motion set for hearing on 6/21/2010 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Exhibit Form I-130 Petition and Supporting Documents, # 2 Memorandum Statment of Uncontroverted Facts, # 3 Proposed Order Granting Plaintiffs' Motion for Summary Judgment)(Tanner, Reyna) (Entered: 04/02/2010)

April 2, 2010

April 2, 2010

PACER
19

ORDER by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: MOTION for Summary Judgment Memorandum of Points and Authorities 18, for the following reasons: Motion is already on file at docket entry 11.; (shb) (Entered: 04/05/2010)

April 5, 2010

April 5, 2010

PACER
20

ORDER by Judge R. Gary Klausner, re: Stipulation/Request for Rescheduling Hearing Dates on Motion to Dismiss and Motion for Summary Judgment (DE 14);Motion to Withdraw Motion for Summary Judgment (DE 17). The parties have filed a stipulation to vacate the hearing dates for Defendants Motion toDismiss and Plaintiffs Motion for Summary Judgment. Plaintiffs counsel states that he will not be able to attend the hearing for either Motion for personal reasons. This Court takes under submission and off the motion calendar Defendants Motion to Dismiss, which has already been briefed, and parties neednot attend a court hearing for that Motion. Therefore, there is no need to reschedule the Motion to Dismiss hearing date. The Request to Reschedule is accordingly DENIED in part. With respect to the Motion for Summary Judgment, the Court GRANTS in part the Request for Rescheduling and sets the Motion for Summary Judgment for June 21, 2010, as the parties have requested (Defendants Opposition is due on May 28, 2010). Accordingly, Plaintiffs Motion toWithdraw Motion for Summary Judgment is DENIED as moot. (shb) (Entered: 04/05/2010)

April 5, 2010

April 5, 2010

PACER
21

REPLY In Support of MOTION to Dismiss Case 7 filed by Defendants Jane Arellano, Michael Aytes, Eric H Holder, Jr, Janet Napolitano. (Carlson, Jesi) (Entered: 04/05/2010)

April 5, 2010

April 5, 2010

PACER
22

MINUTES (IN CHAMBERS): DEFENDANTS MOTION TO DISMISS (DE 7) by Judge R. Gary Klausner: The Court hereby advises counsel that the above-referenced motion, noticed for hearing on April 19, 2010, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings.IT IS SO ORDERED. (yl) (Entered: 04/14/2010)

April 14, 2010

April 14, 2010

PACER
23

NOTICE OF SERVICE filed by Plaintiffs Luis Francisco Torre Barragan, Patrick Clark, re Order, Set Deadlines/Hearings 15 Plaintiffs' Notice of Scheduling Conference served on April 15, 2010. (Attachments: # 1 Exhibit Court Order Setting Scheduling Coference, Doc. 15)(Tanner, Reyna) (Entered: 04/15/2010)

April 15, 2010

April 15, 2010

PACER
24

(IN CHAMBERS) ORDER by Judge R. Gary Klausner: granting 7 Motion to Dismiss Case ( MD JS-6. Case Terminated ) (shb) (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

Clearinghouse
25

NOTICE OF APPEAL to the 9th CCA filed by Plaintiffs/Petitioners Luis Francisco Torre Barragan, Patrick Clark. Appeal of Order on Motion to Dismiss Case 24 . (Filing Fee NOT PAID.) (Tanner, Reyna) (Entered: 05/13/2010)

May 13, 2010

May 13, 2010

PACER
26

NOTIFICATION by Circuit Court of Appellate Docket Number 10-55768, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals 25 as to Plaintiffs Luis Francisco Torre Barragan, Patrick Clark. (cbr) (Entered: 05/17/2010)

May 17, 2010

May 17, 2010

PACER
27

TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: n/a; Court Reporter: n/a; Court of Appeals Case Number: 10-55768; Re: 25 (Tanner, Reyna) (Entered: 05/20/2010)

May 20, 2010

May 20, 2010

PACER
28

CERTIFICATE OF RECORD Transmitted to USCA re Notice of Appeal to 9th Circuit Court of Appeals 25 filed by Patrick Clark, Luis Francisco Torre Barragan ; Court of Appeals Case Number: 10-55768. (dmap) (Entered: 05/21/2010)

May 21, 2010

May 21, 2010

PACER
29

APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals 25 as to Plaintiffs Luis Francisco Torre Barragan, Patrick Clark; Receipt Number: 148682, Paid in the amount of $455. (lr) (Entered: 06/23/2010)

June 23, 2010

June 23, 2010

PACER
30

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 25 filed by Patrick Clark, Luis Francisco Torre Barragan, CCA # 10-55768. This case is under consideration for inclusion in the Mediation Program. Within 14 days of the date of this order, counsel for all parties intending to file briefs in this matter are requested to inform Stephen Liacouras, Circuit Mediator, in writing, by email at stephen_liacouars@a9.uscourts.gov or fax at (415)355-8566, of their clients' views on whether: the case is appropriate for settlement discussions or mediation; the court can accommodate ongoing settlement discussions or otherwise facilitate settlement of the dispute; and/or the court should schedule a telephonic conference to discuss settlement. This communication will be kept confidential, if requested, from the other parties in the case. This communication shall not be served on the opposing party and shall not be filed with the court. For more detailed information about the Mediation Program and its procedures generally, please see Mediation Program web site: www.ca9.uscourts.gov/mediation. The existing briefing schedule remains in effect pending the determination whether the case will be selected for inclusion in the Mediation Program. Order received in this district on 3/09/2011. (lr) (Entered: 03/10/2011)

July 27, 2010

July 27, 2010

PACER
31

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 25 filed by Patrick Clark, Luis Francisco Torre Barragan, CCA # 10-55768. The court has received the appellants' motion to consolidate case Nos. 08-73745 and 09-71226 with case Ni, 10-55768 and the government's response. The motion to consolidate is granted in part. Case Nos. 08-73745 and 09-71226 are consolidate with case No. 10-55768 for calendaring purposes only. The appellants' request for an extension of time in which to file the reply brief for case Nos. 08-73745 and 09-71226 is granted. The reply brief is due September 29, 2010. The appellants' motion includes a request to consolidate case Nos. 08-73745 and 09-71226 with case No. 10-55768 for purposes of mediation. Pursuant to the court's July 7, 2010 order, the court is considering the propriety of mediation efforts in case No. 10-55768. The appellants are advised to propose expansion of mediation efforts to case Nos. 08-73745 and 09-71226 to the court's mediation unit. The current schedule continues to govern case Nos. 10-55768. Order received in this district on 3/09/2011. (lr) (Entered: 03/10/2011)

Sept. 3, 2010

Sept. 3, 2010

PACER
32

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 25 filed by Patrick Clark, Luis Francisco Torre Barragan, CCA # 10-55768. The appellants' motion for an extension of time in which to file the opening brief is granted. The opening brief is due December 27, 2010. The answering brief is due January 26, 2011. The optional reply brief is due within 14 days after service of the answering brief. The appellants are informed that a motion for an extension of time to file a brief should include a statement regarding the status of transcript preparation. 9th Cir R. 31-2.2(b)(7)(effective Dec. 1, 2009). Order received in this district on 3/09/2011. (lr) (Entered: 03/10/2011)

Oct. 25, 2010

Oct. 25, 2010

PACER
33

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 25 filed by Patrick Clark, Luis Francisco Torre Barragan, CCA # 10-55768. The opening brief submitted on December 21, 2010 is filed. Order received in this district on 3/09/2011. (lr) (Entered: 03/10/2011)

Dec. 21, 2010

Dec. 21, 2010

PACER
34

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 25 filed by Patrick Clark, Luis Francisco Torre Barragan, CCA # 10-55768. Appellees' unopposed motion for a 30-day extension of time to file the answering brief is granted. The answering brief is due February 25, 2011. The optional reply brief is due within 14 days after service of the answering brief. Order received in this district on 3/09/2011. (lr) (Entered: 03/10/2011)

Dec. 28, 2010

Dec. 28, 2010

PACER
35

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 25 filed by Patrick Clark, Luis Francisco Torre Barragan, CCA # 10-55768. Appellees' unopposed motion for a 30-day extension of time to file the answering brief is granted. The answering brief is due March 28, 2011. The optional reply brief is due within 14 days after service of the answering brief. Order received in this district on 3/09/2011. (lr) (Entered: 03/10/2011)

Feb. 14, 2011

Feb. 14, 2011

PACER
36

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 25 filed by Patrick Clark, Luis Francisco Torre Barragan, CCA # 10-55768. Appellees' unopposed motion for a third extension of time to file the answering brief is construed as a motion to stay appellate proceedings is granted. Proceedings are stayed until June 27, 2011. In the absence of a motion for appropriate relief, the case will be deemed ready for calendaring on the basis of the opening brief. Order received in this district on 3/09/2011. (lr) (Entered: 03/10/2011)

March 9, 2011

March 9, 2011

PACER
37

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 25 filed by Patrick Clark and Luis Francisco Torre Barragan CCA # 10-55768. This appeal is stayed pending the Board of Immigration Appeals'("BIA") disposition of petition. Nos. 08-73745 and 09-71226 on remand. All pending motions are held in abeyance. Order received in this district on 8/9/2011. (dmap) (Entered: 08/11/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
38

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 25 filed by Patrick Clark, Luis Francisco Torre Barragan, CCA # 10-55768. The motion for voluntary dismissal of this appeal is granted. This appeal is dismissed. Order received in this district on 4/10/12. (car) (Entered: 04/11/2012)

April 10, 2012

April 10, 2012

PACER
39

MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 25, CCA # 10-55768. This appeal is dismissed. Mandate received in this district on 6/13/12. (car) (Entered: 06/15/2012)

June 13, 2012

June 13, 2012

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Nov. 20, 2009

Closing Date: April 10, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiffs are a same-sex couple, lawfully married in California; one is American, one is Mexican. The American petitioned for his husband to immigrate.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lambda Legal

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S., Federal

Case Details

Causes of Action:

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

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Marriage

Discrimination-basis:

Sexual orientatation

Immigration/Border:

Family Separation