Case: Dayo v. Napolitano

2:11-cv-00728 | U.S. District Court for the Central District of California

Filed Date: Jan. 1, 2011

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 1, 2011, immigrants whose work authorization was denied filed a lawsuit in the U.S. District Court for the Central District of California against the U.S. Citizenship and Immigration Services ("USCIS"). The plaintiffs, represented by private counsel, claimed that USCIS had unlawfully found plaintiffs ineligible for employment authorization based on the erroneous determination that their adjustment applications were no longer pending at the time employment authorization was sought. Fu…

On January 1, 2011, immigrants whose work authorization was denied filed a lawsuit in the U.S. District Court for the Central District of California against the U.S. Citizenship and Immigration Services ("USCIS"). The plaintiffs, represented by private counsel, claimed that USCIS had unlawfully found plaintiffs ineligible for employment authorization based on the erroneous determination that their adjustment applications were no longer pending at the time employment authorization was sought. Further, plaintiffs alleged that the immigration court was not providing them with evidence that demonstrated that they had renewed their adjustment of status applications in removal proceedings. Plaintiffs sought class certification and injunctive, declaratory, and mandamus relief. In an amended complaint, plaintiffs added the Executive Office for Immigration Review ("EOIR") as a defendant.

Each named plaintiff was a beneficiary of an I-140 immigrant visa petition based on employment (or status as a spouse) and had applied for adjustment of status to lawful permanent resident (I-485). USCIS denied the adjustment applications, and each plaintiff was consequently placed in removal proceedings. In those removal proceedings, each plaintiff renewed his adjustment application and filed an application for employment authorization (I-765) pursuant to 8 U.S.C. § 274a.12(c)(9). USCIS denied their employment authorization applications, finding that plaintiffs' adjustment applications were no longer pending despite the renewal of said applications in the removal proceedings.

Plaintiffs sought (1) to compel USCIS to interpret Section 274a.12(c)(9) to mean that adjustment of status applications filed during removal proceedings count as pending before the immigration grant; and (2) to compel EOIR to issue some type of confirmatory receipts to individuals who have renewed adjustment applications, so that individuals could prove they have renewed their adjustment applications when seeking employment authorization.

On August 9, 2012, the parties settled. The settlement stipulated that USCIS recognizes that adjustment of status application properly renewed with the immigration court by an alien in removal proceedings constituted a "pending" application for purposes of renewing employment authorization. The defendants denied all liability and the individual named plaintiffs' claims were dismissed without prejudice.

Even after settlement, court activity continued. On April 26, 2013, plaintiffs filed a motion to enforce the settlement agreement. On May 20, 2013, they withdrew the motion.

The settlement set out that if EOIR and USCIS met certain key terms, the parties would file a joint stipulation to voluntarily dismiss the action with prejudice; this has not happened. The settlement was set to last until either that voluntary dismissal takes place, or two years, whichever is later. Since there has been no voluntary dismissal, this case remains open, though currently inactive. (There has been no docket activity since 2013.)

Summary Authors

Jennifer Bronson (10/6/2013)

Sean Whetstone (6/21/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/14331972/parties/althea-pobre-dayo-v-janet-napolitano/


Judge(s)

Hillman, Stephen J. (California)

Wu, George H. (California)

Attorneys(s) for Plaintiff

Sturman, David M (California)

Attorneys(s) for Defendant

Delery, Stuart F. (District of Columbia)

Hildebrand, Regan (District of Columbia)

Stevens, Elizabeth Jones (District of Columbia)

Judge(s)

Hillman, Stephen J. (California)

Wu, George H. (California)

Attorneys(s) for Plaintiff

Sturman, David M (California)

Attorneys(s) for Defendant

Delery, Stuart F. (District of Columbia)

Hildebrand, Regan (District of Columbia)

Stevens, Elizabeth Jones (District of Columbia)

Documents in the Clearinghouse

Document

2:11-cv-00728

Docket [PACER]

May 20, 2013

May 20, 2013

Docket
42

2:11-cv-00728

Stipulation and Agreement of Settlement and Release

Aug. 1, 2012

Aug. 1, 2012

Settlement Agreement
43

2:11-cv-00728

Proceedings: Application for Settlement Approval

Aug. 9, 2012

Aug. 9, 2012

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14331972/althea-pobre-dayo-v-janet-napolitano/

Last updated Aug. 21, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Defendants Robert M. Cowan, F. Gerald Heinauer, Alejandro Mayorkas, Janet Napolitano, Donald Neufeld, David Roarke. Case assigned to Judge George H Wu for all further proceedings. Discovery referred to Magistrate Judge Stephen J. Hillman. (Filing fee $ 350 PAID.), filed by Plaintiffs Don Cajucom, Ruby Conda, Althea Pobre Dayo, Jane Bullecer.(et) (ds). (Entered: 01/25/2011)

Jan. 25, 2011

Jan. 25, 2011

PACER

60 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants Robert M. Cowan, F. Gerald Heinauer, Alejandro Mayorkas, Janet Napolitano, Donald Neufeld, David Roarke. (et)

Jan. 25, 2011

Jan. 25, 2011

PACER
2

CERTIFICATION AS TO Interested Parties filed by Plaintiffs Jane Bullecer, Don Cajucom, Ruby Conda, Althea Pobre Dayo. (et) (ds). (Entered: 01/25/2011)

Jan. 25, 2011

Jan. 25, 2011

PACER
3

STANDING ORDER REGARDING FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS BEFORE JUDGE GEORGE H WU (see attached order) by Judge George H Wu, (pj) (Entered: 02/02/2011)

Feb. 2, 2011

Feb. 2, 2011

PACER
4

NOTICE of Appearance filed by attorney Regan Hildebrand on behalf of Defendants Robert M. Cowan, F. Gerald Heinauer, Alejandro Mayorkas, Janet Napolitano, Donald Neufeld, David Roarke (Hildebrand, Regan) (Entered: 02/11/2011)

Feb. 11, 2011

Feb. 11, 2011

PACER
5

PROOF OF SERVICE filed by plaintiff Jane Bullecer, Don Cajucom, Ruby Conda, Althea Pobre Dayo, re Summons Issued, Certificate/Notice of Interested Parties 2, Complaint - (Discovery), Complaint - (Discovery) 1, Notice of Appearance 4, Order 3 served on 02/02/2011. (Attachments: # 1 Supplement Proof of Service, # 2 Supplement Proof of Service, # 3 Supplement Proof of Service, # 4 Supplement Proof of Service, # 5 Supplement Proof of Service, # 6 Supplement Proof of Service, # 7 Supplement Proof of Service, # 8 Supplement Proof of Service)(Sturman, David) (Entered: 02/14/2011)

Feb. 14, 2011

Feb. 14, 2011

PACER
6

FIRST STIPULATION Extending Time to Answer the complaint as to All Defendants, filed by Defendants Donald Neufeld, Janet Napolitano, F. Gerald Heinauer, David Roarke, Robert M. Cowan, Alejandro Mayorkas.(Hildebrand, Regan) (Entered: 03/22/2011)

March 22, 2011

March 22, 2011

PACER
7

NOTICE OF MOTION AND MOTION for Extend Time to File Answer to 4/25/2011 filed by Defendant Robert M. Cowan, F. Gerald Heinauer, Alejandro Mayorkas, Janet Napolitano, Donald Neufeld, David Roarke. (Attachments: # 1 Proposed Order)(Hildebrand, Regan) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

PACER
8

ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION FOR AN EXTENSION by Judge George H Wu: 7 . Defendants' unopposed motion for an extension to file an Answer by April 25, 2011 is granted. (im) (Entered: 04/12/2011)

April 11, 2011

April 11, 2011

PACER
9

NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Robert M. Cowan, F. Gerald Heinauer, Alejandro Mayorkas, Janet Napolitano, Donald Neufeld, David Roarke. (Attachments: # 1 Memorandum, # 2 Exhibit, # 3 Proposed Order)(Hildebrand, Regan) (Entered: 04/25/2011)

April 25, 2011

April 25, 2011

PACER
10

NOTICE of Hearing for June 20, 2011 at 8:30 AM filed by Defendant Robert M. Cowan, F. Gerald Heinauer, Alejandro Mayorkas, Janet Napolitano, Donald Neufeld, David Roarke. (Hildebrand, Regan) (Entered: 04/27/2011)

April 27, 2011

April 27, 2011

PACER
11

MEMORANDUM in Opposition to Defendants Motion to Dismiss filed by Plaintiffs Jane Bullecer, Don Cajucom, Ruby Conda, Althea Pobre Dayo. (Sturman, David) (Entered: 05/27/2011)

May 27, 2011

May 27, 2011

PACER
12

REPLY in support MOTION to Dismiss for Lack of Jurisdiction 9 filed by Defendants Robert M. Cowan, F. Gerald Heinauer, Alejandro Mayorkas, Janet Napolitano, Donald Neufeld, David Roarke. (Hildebrand, Regan) (Entered: 06/06/2011)

June 6, 2011

June 6, 2011

PACER
13

MINUTE ORDER IN CHAMBERS by Judge George H Wu: The Court, on its own motion, continues Defendants Motion to Dismiss for Lack of Subject Matter Jurisdiction 9, filed on April 25, 2011, and presently set for June 20, 2011, to June 30, 2011 at 8:30 a.m. (jag) (Entered: 06/13/2011)

June 13, 2011

June 13, 2011

PACER
14

MINUTES OF DEFENDANTS MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION (filed 04/26/11) held before Judge George H Wu: The Court's tentative ruling is circulated and attached hereto. Court hears oral argument.For reasons stated on the record, Defendants Motion to Dismiss for Lack of Subject Matter Jurisdiction, is continued to July 18,2011 at 8:30 a.m. A joint document regarding any remaining issues will be filed by noon on July 14,2011. Parties may appear telephonically provided that notice is given to the clerk by July 14, 2011. Court Reporter: Wil Wilcox. (pj) (Entered: 07/01/2011)

June 30, 2011

June 30, 2011

PACER
15

STATEMENT Regarding Remaining Issues filed by Defendants Robert M. Cowan, F. Gerald Heinauer, Alejandro Mayorkas, Janet Napolitano, Donald Neufeld, David Roarke (Hildebrand, Regan) (Entered: 07/14/2011)

July 14, 2011

July 14, 2011

PACER
16

NOTICE OF ERRATA filed by Defendants Robert M. Cowan, F. Gerald Heinauer, Alejandro Mayorkas, Janet Napolitano, Donald Neufeld, David Roarke. correcting Statement 15 (Hildebrand, Regan) (Entered: 07/14/2011)

July 14, 2011

July 14, 2011

PACER
17

STATEMENT Regarding Remaining Issues (Hildebrand, Regan) (Entered: 07/14/2011)

July 14, 2011

July 14, 2011

PACER
18

MINUTES: DEFENDANTS MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION (filed 04/26/11) 9 : Court hears oral argument. For reasons stated on the record, Defendants Motion to Dismiss for Lack of Subject Matter Jurisdiction, is continued to July 25, 2011 at 8:30 a.m. Parties may appear telephonically provided that notice is given to the clerk by July 21, 2011 by Judge George H Wu. Court Reporter: Wil Wilcox. (ir) (Entered: 07/19/2011)

July 18, 2011

July 18, 2011

PACER
19

MINUTES OF DEFENDANTS MOTION TO DISMISS FOR LACK OF SUBJECTMATTER JURISDICTION 9 Motion Hearing held before Judge George H Wu: Court hears further oral argument. For reasons stated on the record, Defendants Motion to Dismiss for Lack of Subject Matter Jurisdiction, is continued to August 25, 2011 at 8:30 a.m. Parties may appear telephonically provided that notice is given to the clerk by August 23, 2011. Court Reporter: Pat Cueno. (pj) (Entered: 07/27/2011)

July 25, 2011

July 25, 2011

PACER
20

First STIPULATION to AMEND filed by Plaintiff Jane Bullecer, Don Cajucom, Ruby Conda, Althea Pobre Dayo. (Attachments: # 1 Proposed Order Stipulation to Amend)(Sturman, David) (Entered: 08/01/2011)

Aug. 1, 2011

Aug. 1, 2011

PACER
21

ORDER by Judge George H Wu: 1. Plaintiffs are granted leave of Court to file First Amended Complaint to add Juan P. Osuna, Executive Director of the Executive Office for Immigration Review, and Executive Office for Immigration Review as Defendants and to addadditional Plaintiffs.2. Plaintiffs shall manually file the First Amended Complaint within ten (10)days of this order and serve Defendants. 3. Defendants shall not respond to the original Complaint in this matter unless Plaintiffs fail to file the amended complaint within the time granted.4. Defendants Motion to Dismiss for Lack of Subject Matter Jurisdiction, filed on April 26, 2011, and presently set for August 25, 2011, is vacated andtaken off-calendar 9 . (pj) (Entered: 08/05/2011)

Aug. 4, 2011

Aug. 4, 2011

PACER
23

FIRST AMENDED PETITION FOR WRIT OF MANDAMUS AND COMPLAINT against defendants Robert M. Cowan, F. Gerald Heinauer, Alejandro Mayorkas, Janet Napolitano, Donald Neufeld, David Roarke, Juan P Osuna, Executive Office of Immigration Review amending Complaint - (Discovery), Complaint - (Discovery) 1,filed by Plaintiffs Don Cajucom, Ruby Conda, Althea Pobre Dayo, Jane Bullecer, Francis Raymond P Dayo, Wblespher Espinoza, Amada Espinoza (pj) (Entered: 08/26/2011)

Aug. 19, 2011

Aug. 19, 2011

PACER
22

NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge George H Wu ORDERING FAC submitted by Plaintiffs Jane Bullecer, Don Cajucom, Ruby Conda, Althea Pobre Dayo received on 8/19/2011 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (pj) (Entered: 08/26/2011)

Aug. 24, 2011

Aug. 24, 2011

PACER
24

NOTICE OF MOTION AND MOTION to Certify Class filed by PLAINTIFF Jane Bullecer, Don Cajucom, Ruby Conda, Althea Pobre Dayo, Francis Raymond P Dayo, Amada Espinoza, Wblespher Espinoza. Motion set for hearing on 11/7/2011 at 08:30 AM before Judge George H Wu. (Attachments: # 1 Proposed Order Proposed Order)(Sturman, David) (Entered: 10/04/2011)

Oct. 4, 2011

Oct. 4, 2011

PACER
25

NOTICE of Continuance of reset to 11/14/11 at 8:30 AM (Attachments: # 1 Proposed Order)(Hildebrand, Regan). (Entered: 10/23/2011)

Oct. 23, 2011

Oct. 23, 2011

PACER
26

ANSWER to Amended Complaint, 23 filed by Defendant Robert M. Cowan, Executive Office of Immigration Review, F. Gerald Heinauer, Alejandro Mayorkas, Janet Napolitano, Donald Neufeld, Juan P Osuna, David Roarke.(Hildebrand, Regan) (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

PACER
27

OPPOSITION to MOTION to Certify Class 24 filed by Defendants Robert M. Cowan, Executive Office of Immigration Review, F. Gerald Heinauer, Alejandro Mayorkas, Janet Napolitano, Donald Neufeld, Juan P Osuna, David Roarke. (Hildebrand, Regan) (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

PACER
28

ORDER RE DEFENDANTS' UNOPPOSED MOTION TO RESET THE HEARING DATE by Judge George H Wu: It is Hereby Ordered that Defendants Unopposed Motion to Reset theHearing Date is hereby GRANTED. The hearing date is rescheduled to Monday,November 21, 2011, at 8:30 AM. 24 25 (pj) (Entered: 10/28/2011)

Oct. 26, 2011

Oct. 26, 2011

PACER
29

MINUTE ORDER IN CHAMBERS by Judge George H Wu: Plaintiff's MOTION to Certify Class 24 is continued to 12/15/2011 at 08:30 AM before Judge George H Wu. Reply will be due by no later than November 21, 2011. (jag) (Entered: 11/09/2011)

Nov. 9, 2011

Nov. 9, 2011

PACER
30

REPLY support MOTION to Certify Class 24 filed by Plaintiffs Jane Bullecer, Don Cajucom, Ruby Conda, Althea Pobre Dayo, Francis Raymond P Dayo, Amada Espinoza, Wblespher Espinoza. (Attachments: # 1 Declaration)(Sturman, David) (Entered: 11/21/2011)

Nov. 21, 2011

Nov. 21, 2011

PACER
31

MINUTES OF Plaintiffs' Motion for Class Certification filed 10/4/2011: The Court's Tentative Ruling is circulated and attached hereto. Court hears argument. Motion Hearing held before Judge George H Wu: Plaintiffs' Motion for Class Certification is continued to 3/12/2012 at 08:30 AM before Judge George H Wu. Joint Report is due by Noon on March 8, 2012; Discovery is stayed until March 12, 2012. Court Reporter: Pat Cuneo. (pj) (Entered: 12/21/2011)

Dec. 15, 2011

Dec. 15, 2011

PACER
32

STATUS REPORT filed by Defendants Robert M. Cowan, Executive Office of Immigration Review, F. Gerald Heinauer, Alejandro Mayorkas, Janet Napolitano, Donald Neufeld, Juan P Osuna, David Roarke. (Attachments: # 1 Proposed Order)(Hildebrand, Regan) (Entered: 03/06/2012)

March 6, 2012

March 6, 2012

PACER
33

ORDER by Judge George H Wu: Having considered the parties' filings, the Court hereby GRANTS their request for a thirty-one (31) day continuance of the instant matter. The instant matter is continued until April 12, 2012, at 8:30 AM before Judge George H. Wu. A joint status report is due by noon on April 9, 2012. Discovery is stayed until April 12, 2012. (ir) (Entered: 03/08/2012)

March 7, 2012

March 7, 2012

PACER
34

STATUS REPORT filed by Defendants Robert M. Cowan, Executive Office of Immigration Review, F. Gerald Heinauer, Alejandro Mayorkas, Janet Napolitano, Donald Neufeld, Juan P Osuna, David Roarke. (Hildebrand, Regan) (Entered: 04/09/2012)

April 9, 2012

April 9, 2012

PACER
35

MINUTES: PLAINTIFFS' MOTION FOR CLASS CERTIFICATION (filed 10/04/11): Parties advise that settlement negotiations are ongoing Plaintiffs Motion for Class Certification 24 is continued to May 31, 2012 at 8:30 a.m. Parties may appeartelephonically provided that notice is given to the clerk by May 29, 2012 by Judge George H Wu Court Reporter: Pat Cuneo. (ir) (Entered: 04/13/2012)

April 12, 2012

April 12, 2012

PACER
36

MINUTES OF Motion Hearing 24 held before Judge George H Wu. Parties advise that settlement negotiations are ongoing. Plaintiffs Motion for Class Certification is continued to June 28, 2012 at 8:30 a.m. The parties are advised that the motion will be vacated and no appearance will be required provided that a Stipulation to Dismiss, with a proposed order, is filed by noon on June 26, 2012. Parties will file a one-page status report, by June 26, 2012, in the event the settlement is not finalized. Court Reporter: Wil Wilcox. (kti) (Entered: 06/01/2012)

May 31, 2012

May 31, 2012

PACER
37

STATUS REPORT Regarding Settlement filed by Defendants Robert M. Cowan, Executive Office of Immigration Review, F. Gerald Heinauer, Alejandro Mayorkas, Janet Napolitano, Donald Neufeld, Juan P Osuna, David Roarke. (Hildebrand, Regan) (Entered: 06/26/2012)

June 26, 2012

June 26, 2012

PACER
38

MINUTES OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION 24 before Judge George H Wu: Settlement is reached. The joint motion for preliminary approval will be filed by July 30, 2012 with the hearing set for August 9, 2012 at 8:30 a.m. Plaintiffs motion for class certification is vacated and taken off-calendar.Court Reporter: Pat Cuneo. (jre) (Entered: 06/29/2012)

June 28, 2012

June 28, 2012

PACER
39

NOTICE OF MOTION AND MOTION for Extension of Time to File Parties' Settlement Agreement By Two Days filed by Defendants Executive Office of Immigration Review, F. Gerald Heinauer, Alejandro Mayorkas, Janet Napolitano, Donald Neufeld, Juan P Osuna, David Roarke. (Attachments: # 1 Supplement)(Hildebrand, Regan) (Entered: 07/26/2012)

July 26, 2012

July 26, 2012

PACER
40

ORDER RE DEFENDANTS' EX PARTE MOTION TO EXTEND TIME TO FILE THE PARTIES SETTLEMENT AGREEMENT by Judge George H Wu: It is Hereby Ordered that Defendants motion for a two (2) day extension tofile the parties settlement agreement is hereby GRANTED. The parties will filetheir settlement agreement by August 1, 2012. 39 (pj) (Entered: 07/27/2012)

July 27, 2012

July 27, 2012

PACER
41

NOTICE of Settlement filed by Defendants Robert M. Cowan, Executive Office of Immigration Review, F. Gerald Heinauer, Alejandro Mayorkas, Janet Napolitano, Donald Neufeld, Juan P Osuna, David Roarke. (Hildebrand, Regan) (Entered: 08/01/2012)

Aug. 1, 2012

Aug. 1, 2012

PACER
42

APPLICATION for Settlement Approval of Tentative Class Action filed by Defendants Robert M. Cowan, Executive Office of Immigration Review, F. Gerald Heinauer, Alejandro Mayorkas, Janet Napolitano, Donald Neufeld, Juan P Osuna, David Roarke. Application set for hearing on 8/9/2012 at 08:30 AM before Judge George H Wu. (Hildebrand, Regan) (Entered: 08/01/2012)

Aug. 1, 2012

Aug. 1, 2012

Clearinghouse
43

MINUTES OF APPLICATION FOR SETTLEMENT APPROVAL 42 held before Judge George H Wu:;Based on the Tentative circulated and attached hereto, and for reasons stated on the record, the above entitled action is dismissed pursuant to the settlement as oftoday's date. (Made JS-6. Case Terminated.) Court Reporter: Anne Kielwasser. (pj) (Entered: 08/13/2012)

Aug. 9, 2012

Aug. 9, 2012

Clearinghouse
44

NOTICE OF MOTION AND MOTION to Enforce Settlement Agreement filed by Plaintiff Jane Bullecer, Don Cajucom, Ruby Conda, Althea Pobre Dayo, Francis Raymond P Dayo, Amada Espinoza, Wblespher Espinoza. Motion set for hearing on 5/23/2013 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Declaration Declaration of David Sturman, # 2 Proposed Order Proposed Order)(Sturman, David) (Entered: 04/26/2013)

April 26, 2013

April 26, 2013

PACER
45

REPLY In Opposition MOTION to Enforce Settlement Agreement 44 filed by Defendants Robert M. Cowan, Executive Office of Immigration Review, F. Gerald Heinauer, Alejandro Mayorkas, Janet Napolitano, Donald Neufeld, Juan P Osuna, David Roarke. (Hildebrand, Regan) (Entered: 05/09/2013)

May 9, 2013

May 9, 2013

PACER
46

NOTICE OF MOTION AND MOTION for Leave of Regan Hildebrand to Appear for Telephonic filed by Defendant F. Gerald Heinauer, Alejandro Mayorkas, Janet Napolitano, Donald Neufeld, Juan P Osuna, David Roarke. Motion set for hearing on 5/23/2013 at 08:30 AM before Judge George H. Wu. (Hildebrand, Regan) (Entered: 05/15/2013)

May 15, 2013

May 15, 2013

PACER
47

NOTICE OF MOTION AND MOTION to Withdraw MOTION to Enforce Settlement Agreement 44 filed by Plaintiff Jane Bullecer, Don Cajucom, Ruby Conda, Althea Pobre Dayo, Francis Raymond P Dayo, Amada Espinoza, Wblespher Espinoza. Motion set for hearing on 5/23/2013 at 08:30 AM before Judge George H. Wu. (Sturman, David) (Entered: 05/20/2013)

May 20, 2013

May 20, 2013

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 1, 2011

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are aliens in removal proceedings, who renewed their adjustment of status application in removal proceedings and who were denied employment authorization by USCIS.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Executive Office for Immigration Review, Federal

United States Citizenship and Immigration Services, Federal

Case Details

Causes of Action:

Mandamus, 28 U.S.C. § 1361

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

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: 70,350

Order Duration: 2013 - None

Issues

General:

Records Disclosure

Immigration/Border:

Deportation - procedure

Work authorization - procedures