Case: Villalobos v. District of Columbia

1:17-cv-00352 | U.S. District Court for the District of Columbia

Filed Date: Feb. 28, 2017

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On February 28, 2017, an incoming college student whose mother was not a U.S. citizen filed this lawsuit in the U.S. District Court for the District of Columbia. The case was assigned to Judge Rosemary Collyer. The plaintiff sued the District of Columbia and several government employees involved in the D.C. Tuition Assistance Grant Program (DCTAG) under 42 U.S.C. § 1983, the District of Columbia Administrative Procedures Act, and D.C. CODE §§ 38.2702(c)(2). The plaintiff, represented by the Mex…

On February 28, 2017, an incoming college student whose mother was not a U.S. citizen filed this lawsuit in the U.S. District Court for the District of Columbia. The case was assigned to Judge Rosemary Collyer. The plaintiff sued the District of Columbia and several government employees involved in the D.C. Tuition Assistance Grant Program (DCTAG) under 42 U.S.C. § 1983, the District of Columbia Administrative Procedures Act, and D.C. CODE §§ 38.2702(c)(2). The plaintiff, represented by the Mexican American Legal Defense and Educational Fund, alleged that the defendant had violated the Supremacy Clause, the Due Process Clause, and the Equal Protection Clause of the United States Constitution as well as the District of Columbia's Administrative Procedure Act. The plaintiff sought declaratory and injunctive relief, as well as attorneys’ fees.

DCTAG was a federal tuition assistance program that provided financial aid to D.C. residents attending college. To be eligible for DCTAG, applicants had to have been domiciled in D.C. for twelve consecutive months before the start of their freshman year. The plaintiff, a U.S. citizen, had lived in D.C. with her mother for the plaintiff’s whole life. However, because her mother was not a citizen, her mother could not establish domicile. The plaintiff was denied funding for the 2015-2016 school year because she had been a dependent of a noncitizen in the previous twelve months. When she reapplied for the 2016-2017 school year, the defendants allegedly told her that she would never be eligible for DCTAG because her parent did not have the “requisite citizenship status.”

The parties settled the case out of court on April 26, 2017. The court dismissed the case without prejudice until June 12, 2017. If June 12, 2017 passed and neither party moved to reopen the case, the case would be dismissed with prejudice. That date passed with neither party moving to reopen the case, so the settlement was presumably consummated. We do not know the terms of the settlement because all settlement proceedings happened outside of court. The case is now closed.

Summary Authors

Rebecca Strauss (6/14/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4611655/parties/villalobos-v-district-of-columbia/


Judge(s)

Collyer, Rosemary M. (District of Columbia)

Attorneys(s) for Plaintiff

Lopez, Burth (District of Columbia)

Perales, Nina (Texas)

Attorneys(s) for Defendant

Rich, Robert Joseph (District of Columbia)

Saindon, Andrew J. (District of Columbia)

Judge(s)

Collyer, Rosemary M. (District of Columbia)

Attorneys(s) for Plaintiff

Lopez, Burth (District of Columbia)

Perales, Nina (Texas)

Attorneys(s) for Defendant

Rich, Robert Joseph (District of Columbia)

Saindon, Andrew J. (District of Columbia)

Documents in the Clearinghouse

Document

1:17-cv-00352

Docket [PACER]

April 26, 2017

April 26, 2017

Docket
1

1:17-cv-00352

Original Complaint for Declaratory and Injunctive Relief

Feb. 28, 2017

Feb. 28, 2017

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4611655/villalobos-v-district-of-columbia/

Last updated Aug. 7, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-4857180) filed by NATALIA VILLALOBOS. (Attachments: # 1 Civil Cover Sheet)(Perales, Nina) (Entered: 02/28/2017)

1 Civil Cover Sheet

View on PACER

Feb. 28, 2017

Feb. 28, 2017

RECAP

Case Assigned to Judge Rosemary M. Collyer. (sth)

Feb. 28, 2017

Feb. 28, 2017

PACER

SUMMONS Not Issued as to TERRENCE ALBERT, MURIEL E. BOWSER, DISTRICT OF COLUMBIA, HANSEUL KANG, ANTOINETTE MITCHELL (sth)

Feb. 28, 2017

Feb. 28, 2017

PACER
2

NOTICE Corrected Complaint by NATALIA VILLALOBOS (Perales, Nina) (Entered: 03/01/2017)

March 1, 2017

March 1, 2017

PACER
3

REQUEST FOR SUMMONS TO ISSUE to Terrence Albert filed by NATALIA VILLALOBOS.(Perales, Nina) (Entered: 03/01/2017)

March 1, 2017

March 1, 2017

PACER
4

REQUEST FOR SUMMONS TO ISSUE to Muriel Bowser, District of Columbia Mayor filed by NATALIA VILLALOBOS.(Perales, Nina) (Entered: 03/01/2017)

March 1, 2017

March 1, 2017

PACER
5

REQUEST FOR SUMMONS TO ISSUE District of Columbia filed by NATALIA VILLALOBOS.(Perales, Nina) (Entered: 03/01/2017)

March 1, 2017

March 1, 2017

PACER
6

REQUEST FOR SUMMONS TO ISSUE Hanseul Kang filed by NATALIA VILLALOBOS.(Perales, Nina) (Entered: 03/01/2017)

March 1, 2017

March 1, 2017

PACER
7

REQUEST FOR SUMMONS TO ISSUE Antoinette Mitchell filed by NATALIA VILLALOBOS.(Perales, Nina) (Entered: 03/01/2017)

March 1, 2017

March 1, 2017

PACER
8

SUMMONS (5) Issued Electronically as to TERRENCE ALBERT, MURIEL E. BOWSER, HANSEUL KANG, ANTOINETTE MITCHELL, District of Columbia Attorney General. (Attachments: # 1 Notice and Consent)(znmw) (Entered: 03/02/2017)

March 2, 2017

March 2, 2017

PACER
9

NOTICE of Appearance by Andrew J. Saindon on behalf of All Defendants (Saindon, Andrew) (Entered: 03/13/2017)

March 13, 2017

March 13, 2017

PACER
10

Consent MOTION for Extension of Time to File Answer by TERRENCE ALBERT, MURIEL E. BOWSER, DISTRICT OF COLUMBIA, HANSEUL KANG, ANTOINETTE MITCHELL (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Rich, Robert) (Entered: 03/23/2017)

March 23, 2017

March 23, 2017

PACER

MINUTE ORDER granting 10 Consent Motion for Extension of Time nunc pro tunc to March 27, 2017. Defendants shall answer or otherwise respond no later than April 26, 2017. Signed by Judge Rosemary M. Collyer on 3/31/2017. (DAS) Modified event title on 4/3/2017 (znmw).

March 31, 2017

March 31, 2017

PACER

Set/Reset Deadlines/Hearings: Answer or other response to Complaint due by 4/26/2016. (cdw)

March 31, 2017

March 31, 2017

PACER
11

Consent MOTION for Extension of Time to Respond to Complaint by TERRENCE ALBERT, MURIEL E. BOWSER, DISTRICT OF COLUMBIA, HANSEUL KANG, ANTOINETTE MITCHELL (Attachments: # 1 Text of Proposed Order)(Saindon, Andrew) (Entered: 04/25/2017)

April 25, 2017

April 25, 2017

PACER
12

ORDER. The case is dismissed without prejudice until June 12, 2017 and thereafter with prejudice. The Parties' 11 Joint Motion for Extension of Time is denied as moot. This case is closed. Signed by Judge Rosemary M. Collyer on 4/26/2017. (lcrmc1) (Entered: 04/26/2017)

April 26, 2017

April 26, 2017

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 28, 2017

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An incoming college student seeking financial aid whose mother is not a U.S. citizen

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

MALDEF

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

District of Columbia (District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Equal Protection

Supremacy Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

General:

Access to public accommodations - governmental

Disparate Treatment

Education

Funding

Juveniles

Public assistance grants

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

Family discrimination

Immigration status

Immigration/Border:

Constitutional rights

Family Separation

Status/Classification

Temporary protected status