Case: Ochoa-Castillo v. Christian

4:19-cv-00878 | U.S. District Court for the Southern District of Texas

Filed Date: March 11, 2019

Closed Date: March 1, 2021

Clearinghouse coding complete

Case Summary

This case challenged an action by the United States Citizenship and Immigration Services (USCIS) to deny a 17-year-old applicant’s Form I-360 Petition for Special Immigrant Juvenile Status (SIJ). The plaintiff, a minor who fled gang violence in Honduras, petitioned the 313th District Court in Harris County, Texas for a declaratory judgment. On March 23, 2016, the State court found that the plaintiff had been neglected and that it was not in his best interest to return to Honduras. Following the state court’s declaration, the plaintiff submitted a petition to USCIS for SIJ status. Per the plaintiff, at this time, USCIS was regularly approving SIJ for applications who obtained orders from State courts based on petitions for declaratory judgment. However, the UCSIC denied plaintiff's application.

In response to the denial, the plaintiff filed a lawsuit on March 11, 2019 in the United States District Court for the Southern District of Texas against the directors of USCIS, the Department of Homeland Security (DHS), and the Attorney General of the United States (DOJ). The case was initially assigned to Judge Keith P. Ellison, and the plaintiff was represented by private counsel. On March 30, 2019, the plaintiff submitted an amended complaint; however, no substantive changes were made.

The complaint alleged that the defendants’ decision to deny the plaintiff’s May 9, 2016 SIJ application was based on an unlawful, retroactive application of an October 26, 2016 USCIS “Policy Manual," which clarified requirements for SIJS classification. On October 3, 2017, the defendants issued the plaintiff a Notice of Intent to Deny the plaintiff's application, alleging that the underlying declaratory judgment of the State court lacked a dependency finding as laid out and required by the new Policy Manual. The plaintiff contended that the Policy Manual, issued while his application was still pending, constituted a “rule” under the Administrative Procedure Act (APA). He argued that the rule was unlawful because it had not undergone the notice-and-comment process required by the APA. The plaintiff also claimed that the rule was arbitrary and capricious, noting that prior to the issuance of the guidance, applications based on similar state court orders had been routinely approved. The complaint sought declaratory relief stating that USCIS’s denial was statutorily invalid, and that the Policy Manual itself was invalid due to the failure to undergo notice and comment.

On July 18, 2019, the defendants filed a motion to dismiss the complaint, which the plaintiff opposed on August 5, 2019. The case was reassigned to Judge George Hanks on September 3, 2019, and was referred to Magistrate Judge Andrew Edison on January 14, 2020.

The court held a hearing on the motion to dismiss on January 24, 2020, and took the matter under advisement. On March 10, 2020, the Magistrate Judge recommended that the motion to dismiss be granted. In his recommendation, the Magistrate Judge noted that the plaintiff had conceded that the state court’s finding of dependency was insufficient to establish SIJ eligibility because it did not address custody or supervision.

On March 24, 2020, the plaintiff filed objections to the Magistrate Judge’s recommendation. The District Court overruled the objections, adopted the recommendation to grant the motion to dismiss, and entered final judgment on March 25, 2020. The case was terminated.

The plaintiff appealed the dismissal to the United States Court of Appeals for the Fifth Circuit on May 22, 2020 (USCA No. 20-20274).

Appeal:

The Fifth Circuit did not hold an oral argument. On March 1, 2021, the court affirmed the District Court’s dismissal. The appellate court agreed that the state court’s declaratory judgment was insufficient to establish SIJ eligibility, holding that “before a state court ruling constitutes a dependency order, it must in some way address custody or at least supervision.” 841 Fed. Appx. 672. The court further ordered that the appellant pay the appellees’ costs on appeal.

The case is closed.

show full summary

Summary Authors

Colton French (4/13/2025)

Documents in the Clearinghouse

	Document
1 4:19-cv-00878	Complaint	March 11, 2019	March 11, 2019 Complaint
26 4:19-cv-00878	Memorandum and Recommendations	March 10, 2020	March 10, 2020 Magistrate Report/Recommendation
28 4:19-cv-00878	Order Adopting Magistrate Judge’s Memorandum and Recommendation	March 25, 2020	March 25, 2020 Order/Opinion 2020 WL 1469794

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14677013/ochoa-castillo-v-christian/

Last updated April 13, 2025, 4:12 p.m.

ECF Number	Description	Date	Link Date / Link
1	PETITION/COMPLAINT for Writ of Mandamus (Filing fee $ 400 receipt number 0541-22033804.) filed by KEVIN ABIMAEL OCHOA-CASTILLO.(Hoffman, Robert) (Entered: 03/11/2019)	March 11, 2019	March 11, 2019 Clearinghouse
2	Request for Issuance of Summons as to All Defendants, filed.(Hoffman, Robert) (Entered: 03/11/2019)	March 11, 2019	March 11, 2019 PACER
3	Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by First-class mail, filed.(hlerma, 4) (Entered: 03/12/2019)	March 12, 2019	March 12, 2019 PACER
4	ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/10/2019 at 03:00 PM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified.(SarahShelbyadi, 4) (Entered: 03/12/2019)	March 12, 2019	March 12, 2019 PACER
5	CERTIFICATE OF INTERESTED PARTIES by Kevin Abimael Ochoa-Castillo, filed.(Hoffman, Robert) (Entered: 03/20/2019)	March 20, 2019	March 20, 2019 PACER
6	Ex Parte JOINT DISCOVERY/CASE MANAGEMENT PLAN by Kevin Abimael Ochoa-Castillo, filed.(Hoffman, Robert) (Entered: 04/30/2019)	April 30, 2019	April 30, 2019 PACER
7	Notice Regarding Initial Conference(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4) (Entered: 05/02/2019)	May 2, 2019	May 2, 2019 PACER
8	SCHEDULING ORDER entered. ETT: 1 Day. Bench Trial. Amended Pleadings due by 8/1/2019. Joinder of Parties due by 8/1/2019. Pltf Expert Report due by 8/1/2019. Deft Expert Report due by 8/1/2019. Discovery due by 9/1/2019. Dispositive Motion Filing due by 3/16/2020. Non-Dispositive Motion Filing due by 3/16/2020. Joint Pretrial Order due by 6/8/2020. Bench Trial set for 6/15/2020 at 09:00 AM in Courtroom 3A before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified. (wbostic, 4) (Entered: 05/06/2019)	May 3, 2019	May 3, 2019 PACER
9	Unopposed MOTION for Extension of Time Response by Kirstjen M. Nielsen, filed. Motion Docket Date 5/31/2019. (Belgau, Andrea) (Entered: 05/10/2019)	May 10, 2019	May 10, 2019 PACER
10	ORDER granting 9 Motion for Extension of Time to Respond to plaintiff's complaint. Defendants shall have an additional sixty days within which they may answer.(Signed by Judge Keith P Ellison) Parties notified.(rguerrero, 4) (Entered: 05/13/2019)	May 13, 2019	May 13, 2019 PACER
11	CERTIFICATE OF SERVICE by Kevin Abimael Ochoa-Castillo, filed.(Hoffman, Robert) (Entered: 05/29/2019)	May 29, 2019	May 29, 2019 PACER
12	AMENDED COMPLAINT against All Defendants filed by Kevin Abimael Ochoa-Castillo.(Hoffman, Robert) (Entered: 05/30/2019)	May 30, 2019	May 30, 2019 PACER
13	Second AMENDED COMPLAINT against All Defendants filed by Kevin Abimael Ochoa-Castillo.(Hoffman, Robert) (Entered: 05/30/2019)	May 30, 2019	May 30, 2019 PACER
14	Agreed JOINT DISCOVERY/CASE MANAGEMENT PLAN by Kevin Abimael Ochoa-Castillo, filed.(Hoffman, Robert) (Entered: 06/06/2019)	June 6, 2019	June 6, 2019 PACER
15	Unopposed MOTION for Extension of Time Response by Kevin K. McAleenan, filed. Motion Docket Date 7/24/2019. (Attachments: # 1 Proposed Order)(Belgau, Andrea) (Entered: 07/03/2019)	July 3, 2019	July 3, 2019 PACER
16	ORDER granting 15 Motion for Extension of Time; Answer due for USA by 7/22/2019.(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4) (Entered: 07/09/2019)	July 9, 2019	July 9, 2019 PACER
17	First MOTION to Dismiss 13 Amended Complaint/Counterclaim/Crossclaim etc. by Kevin K. McAleenan, filed. Motion Docket Date 8/8/2019. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5)(Belgau, Andrea) (Entered: 07/18/2019)	July 18, 2019	July 18, 2019 PACER
18	Unopposed MOTION for Extension of Time to Respond to Motion to Dismiss by Kevin Abimael Ochoa-Castillo, filed. Motion Docket Date 8/16/2019. (Attachments: # 1 Proposed Order)(Hoffman, Robert) (Entered: 07/26/2019)	July 26, 2019	July 26, 2019 PACER
19	ORDER granting 18 Motion for Extension of Time Plaintiff's responses due by 8/5/2019..(Signed by Judge Keith P Ellison) Parties notified.(jguajardo, 4) (Entered: 07/29/2019)	July 29, 2019	July 29, 2019 PACER
20	RESPONSE in Opposition to 17 First MOTION to Dismiss 13 Amended Complaint/Counterclaim/Crossclaim etc., 18 Unopposed MOTION for Extension of Time to Respond to Motion to Dismiss, filed by Kevin Abimael Ochoa-Castillo. (Hoffman, Robert) (Entered: 08/05/2019)	Aug. 5, 2019	Aug. 5, 2019 PACER
21	REPLY in Support of 17 First MOTION to Dismiss 13 Amended Complaint/Counterclaim/Crossclaim etc., filed by William Pelham Barr. (Belgau, Andrea) (Entered: 08/15/2019)	Aug. 15, 2019	Aug. 15, 2019 PACER
22	NOTICE of Reassignment to Judge George C Hanks, Jr, pursuant to Special Order No. 2019-3. Deadlines in scheduling orders remain in effect, and all court settings are vacated. Judge Keith P Ellison no longer assigned to the case. Parties notified, filed. (ndiaz, 4) (Entered: 09/03/2019)	Sept. 3, 2019	Sept. 3, 2019 PACER
23	NOTICE of Referral of Motion to Magistrate Judge Andrew Edison re 17 First MOTION to Dismiss 13 Amended Complaint/Counterclaim/Crossclaim etc., filed. (jegonzalez, 4) (Entered: 01/14/2020)	Jan. 14, 2020	Jan. 14, 2020 PACER
24	TRIAL SCHEDULING ORDER. Trial Term: August / September 2020. ETT: 1 day. Bench. Joint Pretrial Order due by 7/2/2020. Docket Call set for 7/10/2020 at 03:00 PM in Courtroom 600 in Houston before Judge George C Hanks Jr. All other deadlines remain in place. (Signed by Judge George C Hanks, Jr) Parties notified.(jegonzalez, 4) (Entered: 01/17/2020)	Jan. 17, 2020	Jan. 17, 2020 PACER
25	NOTICE of Setting as to 17 First MOTION to Dismiss 13 Amended Complaint/Counterclaim/Crossclaim etc. . Parties notified. Telephone Conference set for 1/24/2020 at 03:00 PM by telephone before Magistrate Judge Andrew M Edison, filed. (wbostic, 4) (Entered: 01/21/2020)	Jan. 21, 2020	Jan. 21, 2020 RECAP
	Telephone Conference	Jan. 24, 2020	Jan. 24, 2020 PACER
	Minute Entry for proceedings held before Magistrate Judge Andrew M Edison. Telephone Conference held on January 24, 2020. The Court made the following rulings: The Court heard arguments on the Motion to Dismiss [Dkt. 17] and the motion is taken under advisement. Appearances: Robert Hoffman for the plaintiff and Andrea Belgau for the defendants (ERO:Yes), filed. (wbostic, 4)	Jan. 24, 2020	Jan. 24, 2020 PACER
26	MEMORANDUM AND RECOMMENDATIONS re 17 First MOTION to Dismiss 13 Amended Complaint/Counterclaim/Crossclaim etc. Objections to M&R due by 3/24/2020(Signed by Magistrate Judge Andrew M Edison) Parties notified.(agould, 3)	March 10, 2020	March 10, 2020 Clearinghouse
27	APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Kevin Abimael Ochoa-Castillo re: 26 Memorandum and Recommendations, filed.(Hoffman, Robert) (Entered: 03/24/2020)	March 24, 2020	March 24, 2020 PACER
28	ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS approving and adopting 26 Memorandum and Recommendations and granting 17 First MOTION to Dismiss 13 Amended Complaint/Counterclaim/Crossclaim etc. (Signed by Judge George C Hanks, Jr) Parties notified.(SusanGram, 3)	March 25, 2020	March 25, 2020 Clearinghouse
29	FINAL JUDGMENT. Case terminated on March 25, 2020.(Signed by Judge George C Hanks, Jr) Parties notified.(SusanGram, 3) (Entered: 03/25/2020)	March 25, 2020	March 25, 2020 PACER
30	NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 29 Final Judgment, 28 Order Adopting Memorandum and Recommendations, by Kevin Abimael Ochoa-Castillo (Filing fee $ 505, receipt number 0541-24699592), filed. (Attachments: # 1 Exhibit Final Judgment, # 2 Exhibit Order Adopting Magistrate Judge's Memorandum and Recommendation, # 3 Exhibit Memorandum and Recommendation)(Hoffman, Robert) (Entered: 05/22/2020) 1 Exhibit Final Judgment View on PACER 2 Exhibit Order Adopting Magistrate Judge's Memorandum and Recommendation View on PACER 3 Exhibit Memorandum and Recommendation View on PACER	May 22, 2020	May 22, 2020 RECAP
31	Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: 30 Notice of Appeal,. Fee status: Paid. Reporter(s): ERO, filed. (Attachments: # 1 Notice of Appeal) (JenniferLongoria, 1) (Entered: 05/26/2020)	May 26, 2020	May 26, 2020 PACER
	Appeal Review Notes re: 30 Notice of Appeal,. Fee status: Paid. The appeal filing fee has been paid or an ifp motion has been granted.Hearings were held in the case. DKT13 transcript order form(s) due within 14 days of the filing of the notice of appeal. Number of DKT-13 Forms expected: 1, filed.(JenniferLongoria, 1)	May 26, 2020	May 26, 2020 PACER
	Appeal Review Notes	May 26, 2020	May 26, 2020 PACER
32	DKT13 TRANSCRIPT ORDER REQUEST by Petitioner/Robert K. Hoffman. This is to order a transcript of Motion Hearing on 01/24/2020 before Judge Edison. Court Reporter/Transcriber: Ornelas Reporting Services. This order form relates to the following: 30 Notice of Appeal, Telephone Conference,, filed. (Hoffman, Robert) Electronically forwarded to Ornelas Reporting Services on 6-1-2020. Estimated completion date: 7-1-2020. Modified on 6/1/2020 (MelissaMorgan, 4). (Entered: 06/01/2020)	June 1, 2020	June 1, 2020 PACER
	Notice of Assignment of USCA No. 20-20274 re: 30 Notice of Appeal,, filed.(mperez, 1)	June 5, 2020	June 5, 2020 PACER
	USCA Case Number	June 5, 2020	June 5, 2020 PACER
33	APPEAL TRANSCRIPT re ORAL ARGUMENT ON RESPONDENT'S MOTION TO DISMISS held on 01/24/2020 before Magistrate Judge Andrew M Edison. Court Reporter/Transcriber Ornelas Reporting Services. Ordering Party: Robert K. Hoffman. This transcript relates to the following: 32 Appeal Transcript Request,. Release of Transcript Restriction set for 9/21/2020., filed. (lornelas, ) (Entered: 06/23/2020)	June 23, 2020	June 23, 2020 PACER
34	Notice of Filing of Official Transcript as to 33 Transcript - Appeal,. Party notified, filed. (jdav, 4) (Entered: 06/24/2020)	June 24, 2020	June 24, 2020 PACER
	Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: 30 Notice of Appeal, USCA No. 20-20274, filed.(scastillo, 1)	June 26, 2020	June 26, 2020 PACER
	No attorney appearances entered on 5th circuit site, filed.(scastillo, 1) Modified on 7/10/2020 (scastillo, 1).	June 26, 2020	June 26, 2020 PACER
	Electronic Record on Appeal Certified	June 26, 2020	June 26, 2020 PACER
	Transmittal of Appeal (FORM, noticing) - Civil	June 26, 2020	June 26, 2020 PACER
	Electronic Access to Record on Appeal Provided re: 30 Notice of Appeal, to Andrea Belgau. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 20-20274), filed.(scastillo, 1)	July 10, 2020	July 10, 2020 PACER
	Transmittal of Appeal (FORM, noticing) - Civil	July 10, 2020	July 10, 2020 PACER
	Electronic Access to Record on Appeal Provided re: 30 Notice of Appeal, to Robert K. Hoffman. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 20-20274), filed.(mperez, 1)	Oct. 23, 2020	Oct. 23, 2020 PACER
	Transmittal of Appeal (FORM, noticing) - Civil	Oct. 23, 2020	Oct. 23, 2020 PACER
35	Order of USCA - JUDGMENT; Judgment issued as mandate 3/1/2021 re: 30 Notice of Appeal, ; USCA No. 20-20274. judgment of the district court is affirmed. Further ordered that appellant pay to appellees the costs on appeal to be taxed by the Clerk of this Court, filed.(dnoriega, 1) (Entered: 03/01/2021)	March 1, 2021	March 1, 2021 PACER
36	Order of USCA - PER CURIAM re: 30 Notice of Appeal, ; USCA No. 20-20274. AFFIRMED, filed.(dnoriega, 1) (Entered: 03/01/2021)	March 1, 2021	March 1, 2021 PACER