Case: Escutia v. Ashcroft

8:00-cv-00841 | U.S. District Court for the Central District of California

Filed Date: Aug. 25, 2000

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On August 25, 2000 plaintiffs brought this class action lawsuit in the U.S. District Court for the Central District of California, challenging the pace of the INS' processing of applications for benefits under the Family Unity Program, § 301 of the Immigration Act of 1990. The Family Unity program allowed the spouses and children of permanent residents who legalized through the 1986 amnesty program to remain and work in the U.S.Plaintiffs alleged that the INS' California Service Center was no…

On August 25, 2000 plaintiffs brought this class action lawsuit in the U.S. District Court for the Central District of California, challenging the pace of the INS' processing of applications for benefits under the Family Unity Program, § 301 of the Immigration Act of 1990. The Family Unity program allowed the spouses and children of permanent residents who legalized through the 1986 amnesty program to remain and work in the U.S.

Plaintiffs alleged that the INS' California Service Center was not processing applications for Family Unity status in a timely manner such that a two-year backlog of applications accrued. Plaintiffs were represented by the American Immigration Law Foundation, the Immigrant Legal Resource Center, and National Immigration Law Center. They asserted claims under § 301 of the Immigration Act of 1990; the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq.; the Mandamus Act, 28 U.S.C. §1361; the All Writs Act, 28 U.S.C. §1651; the Declaratory Judgment Act, 28 U.S.C. §2201; and the Administrative Procedures Act, 5 U.S.C. §701 et seq.

On December 14, 2000, the plaintiffs filed a motion for class certification. Shortly thereafter, the parties began settlement negotiations. Case hearings were continued and eventually the Court entered an order staying all case activity pending submission of a settlement agreement.

On October 28, 2002 the District Court for (Judge Alicemarie H. Stotler) issued an order approving the settlement agreement and certified the case as a class action. The class was defined to include "[a]ll applicants for Family Unity Benefits under Section 301 of the Immigration Act of 199, whose applications are pending at the California Service Center on the date of the Court's final approval of this agreement or are filed with or transferred to the California Service Center during the 15 months will be in effect."

Under settlement agreement the INS agreed to devote sufficient resources towards the adjudication of initial applications for Family Unity benefits filed with the California Service Center and agreed to implement other changes in its processing procedures. The Agreement was to last 15 months, during which time the Court would retained jurisdiction over the case for purpose of enforcing the Agreement.

In 2004, the Court dismissed the case at plaintiffs' request as the defendants had satisfied their obligations under the Agreement

Summary Authors

Katie Goodenberger (6/22/2007)

People


Judge(s)

Nakazato, Arthur (California)

Stotler, Alicemarie Huber (California)

Attorneys(s) for Plaintiff

Hong, Traci (District of Columbia)

Joaquin, Linton (California)

Silverman, Mark (California)

Wettstein, Nadine K. (District of Columbia)

Attorneys(s) for Defendant

Corrales-Talleda, Patricia M. (California)

Walters, Mark C. (District of Columbia)

Judge(s)

Nakazato, Arthur (California)

Stotler, Alicemarie Huber (California)

Attorneys(s) for Plaintiff

Hong, Traci (District of Columbia)

Joaquin, Linton (California)

Silverman, Mark (California)

Wettstein, Nadine K. (District of Columbia)

Attorneys(s) for Defendant

Corrales-Talleda, Patricia M. (California)

Walters, Mark C. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Escutia v. Reno

Feb. 13, 2004 Docket
1

Complaint

Escutia v. Reno, et al

Aug. 25, 2000 Complaint

Settlement Agreement

Escutia v. Reno

Oct. 22, 2002 Settlement Agreement

Notice Of Proposed Settlement Of Lawsuit Concerning Immigration Benefits Under The Family Unity Program

Oct. 28, 2002 Notice Letter
38

Order [Approving Class Certification]

Oct. 28, 2002 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed Summons(es) 60 days referred to Discovery Arthur Nakazato (mrgo) (Entered: 08/29/2000)

Aug. 25, 2000
2

CERTIFICATION OF INTERESTED PARTIES filed by plaintiff Gustavo Escutia, plaintiff Graciela Rebeca Garcia De Espinoza, plaintiff Edith Hernandez, plaintiff Rita Lorena V Lopez, plaintiff Guillermo Ocampo, plaintiff Jesus Espinoza -, plaintiff Jose - Espinoza (mrgo) (Entered: 08/29/2000)

Aug. 25, 2000

NOTICE of filing fee due on pro hac vice appl sent (rmi) (Entered: 09/06/2000)

Aug. 29, 2000
6

APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for plaintiff Gustavo Escutia, plaintiff Graciela Rebeca Garcia De Espinoza, plaintiff Edith Hernandez, plaintiff Rita Lorena V Lopez, plaintiff Guillermo Ocampo, plaintiff Jesus Espinoza -, plaintiff Jose - Espinoza by J. Traci Hong; Designating Linton Joaquin as local counsel. Approved by Judge Alicemarie H. Stotler . (Fee pd) (rmi) (Entered: 09/06/2000)

Aug. 29, 2000
7

APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for plaintiff Gustavo Escutia, plaintiff Graciela Rebeca Garcia De Espinoza, plaintiff Edith Hernandez, plaintiff Rita Lorena V Lopez, plaintiff Guillermo Ocampo, plaintiff Jesus Espinoza -, plaintiff Jose - Espinoza by Nadine K. Wettstein. Designating Linton Joaquin as local counsel. Approved by Judge Alicemarie H. Stotler . (Fee pd) (rmi) (Entered: 09/06/2000)

Aug. 29, 2000
3

MINUTES (In Chambers): plfs have failed to comply w/L.R. 3.4.1 concerning the typeface size; accordingly, the crt ord plfs to file a corrected cmp & corrected ntc of interested ptys nlt 9/13/00; by Judge Alicemarie H. Stotler CR: not present (rmi) (Entered: 08/31/2000)

Aug. 30, 2000
4

(CORRECTED) COMPLAINT [1-1] by plaintiff Gustavo Escutia, plaintiff Graciela Rebeca Garcia De Espinoza, plaintiff Edith Hernandez, plaintiff Rita Lorena V Lopez, plaintiff Guillermo Ocampo, plaintiff Jesus Espinoza -, plaintiff Jose - Espinoza (rmi) (Entered: 09/06/2000)

Sept. 5, 2000
5

(CORRECTED) Certification OF INTERESTED PARTIES filed by plaintiff Gustavo Escutia, plaintiff Graciela Rebeca Garcia De Espinoza, plaintiff Edith Hernandez, plaintiff Rita Lorena V Lopez, plaintiff Guillermo Ocampo, plaintiff Jesus Espinoza -, plaintiff Jose - Espinoza (rmi) (Entered: 09/06/2000)

Sept. 5, 2000
8

RETURN RECEIPT of Certified Mail showing delivery to Doris Meisser/INS rcvd by (name illegible) of S/C on 9/6/00 (mrgo) (Entered: 09/26/2000)

Sept. 22, 2000
9

RETURN RECEIPT of Certified Mail showing delivery to US Atty Civ Process clrk rcvd by (no 1st name) Garcia of S/C on 9/1/00 (mrgo) (Entered: 09/26/2000)

Sept. 22, 2000
10

RETURN RECEIPT of Certified Mail showing delivery to Janet Reno, US AG rcvd by Ernest Parker of S/C on 9/6/00 (mrgo) (Entered: 09/26/2000)

Sept. 22, 2000
11

RETURN RECEIPT of Certified Mail showing delivery to US Atty Civ Process Clrk rcvd by Steve McCarty of S/C on 9/1/00 (mrgo) (Entered: 09/26/2000)

Sept. 22, 2000
12

Proof of service of S/C executed upon defendant Janet Reno, US Atty Gen on 8/31/00 by mail (mt) (Entered: 09/27/2000)

Sept. 22, 2000
13

NOTICE OF CHANGE Of Address filed by atty Nadine K Wettstein for plaintiff Jose - Espinoza (mt) (Entered: 11/02/2000)

Oct. 30, 2000
14

STIPULATION and ORDER by Judge Alicemarie H. Stotler for extendion of time to file answer complaint [1-1] or other appropriate responsive pleading to 12/6/00 (mt) (Entered: 11/06/2000)

Nov. 2, 2000
15

STIPULATION and ORDER by Judge Alicemarie H. Stotler that plfs shall not be req to file the mot for class cert prior to the close of business on 12/14/00 (kh) (Entered: 12/09/2000)

Nov. 29, 2000
16

2nd STIPULATION and ORDER by Judge Alicemarie H. Stotler extending time to answer complaint [1-1] to 1/5/01 as to defendant Janet Reno, defendant Doris Meissner, defendant INS (seal) (Entered: 12/20/2000)

Dec. 11, 2000
17

NOTICE OF MOTION AND MOTION by plfs Gustavo Escutia, Graciela Rebeca Garcia De Espinoza, Edith Hernandez, Rita Lorena V Lopez, Guillermo Ocampo, Jesus Espinoza -, Jose - Espinoza for class certification ; motion hearing set for 10:00 2/12/01; Lodged Prop Ord (kh) (Entered: 12/22/2000)

Dec. 14, 2000
18

MEMORANDUM OF P/A IN SUPPORT by plfs Gustavo Escutia, Graciela Rebeca Garcia De Espinoza, Edith Hernandez, Rita Lorena V Lopez, Guillermo Ocampo, Jesus Espinoza -, Jose - Espinoza of motion for class certification [17-1] (kh) (Entered: 12/22/2000)

Dec. 14, 2000
19

STIPULATION and ORDER by Judge Alicemarie H. Stotler for 3rd extending time to answer complaint [4-1] to 2/5/01 as to plaintiff Gustavo Escutia, plaintiff Graciela Rebeca Garcia De Espinoza, plaintiff Edith Hernandez, plaintiff Rita Lorena V Lopez, plaintiff Guillermo Ocampo, plaintiff Jesus Espinoza -, plaintiff Jose - Espinoza, defendant Janet Reno, defendant Doris Meissner, defendant INS (rmi) (Entered: 01/19/2001)

Jan. 5, 2001
20

NOTICE OF CHANGE Of Address filed by atty Nadine K Wettstein for plaintiff Jose Espinoza (mt) (Entered: 02/07/2001)

Feb. 5, 2001
21

STIPULATION and ORDER by Judge Alicemarie H. Stotler cont hearing on motion for class certification [17-1] 10:00 3/26/01; dfts' resp, if any is due NLT 3/12/01; plfs' reply if any is due NLT 3/19/01 (kh) (Entered: 02/13/2001)

Feb. 7, 2001
22

NOTICE OF DISCREPANCY AND ORDER by Judge Alicemarie H. Stotler that stip to cont rcvd 2/6/01 be filed & processed (kh) (Entered: 02/13/2001)

Feb. 7, 2001
24

STIPULATION and ORDER by Judge Alicemarie H. Stotler cont hearing on motion for class certification [17-1] 10:00 6/18/01 extending time to answer complaint [1-1] to 3/29/01 as to defendant Janet Reno, defendant Doris Meissner, defendant INS ; the time for plfs to file their reply to dfts be ext until 6/11/01 (kh) (Entered: 03/28/2001)

March 22, 2001
25

ORDER by Judge Alicemarie H. Stotler setting scheduling conference on 1:30 10/15/01 ; (see doc for specifics) (rmi) (Entered: 05/21/2001)

May 18, 2001
26

STIPULATION and ORDER by Judge Alicemarie H. Stotler cont hearing on motion for class certification [17-1] 10:00 8/6/01 extending time to answer complaint [1-1] or otherwise resp to 7/16/01 as to defendant Janet Reno, defendant Doris Meissner, defendant INS (kh) (Entered: 06/11/2001)

June 4, 2001
27

STIPULATION and ORDER by Judge Alicemarie H. Stotler continuing hearing on plfs' motion for class certification [17-1] to 10:00 9/10/01; extending time to answer complaint [1-1] to 8/16/01 as to defendant Janet Reno, defendant Doris Meissner, defendant INS & their resp to the mot for calss cert ext til 8/16/01 & that the time for plfs to file their rply ext til 8/30/01 (rmi) (Entered: 07/24/2001)

July 20, 2001
28

STIPULATION and ORDER by Judge Alicemarie H. Stotler that case is held in abeyance pend subm of sttlmt agreement (see doc for specifics) (rmi) (Entered: 08/27/2001)

Aug. 23, 2001
29

ORDER by Judge Alicemarie H. Stotler that all prcdgs in the case stayed pend final sttlmt; fur ord that this actn is rmvd frm the crt's active caseload to the right upon good cause shown to reopen the actn if sttlmt is not consummated; the crt retain full juris over this actn & this ord shall not prej any pty in this actn; terminating case (MD JS-6) (rmi) (Entered: 03/08/2002)

March 7, 2002
30

MINUTES (In Chambers) by Judge Alicemarie H. Stotler: Notice to counsel - Local Rule 83-2.11. Returned herewith is your letter dated 7/26/02 re the above-entitled mtr. CR: Not Present (mt) (Entered: 08/02/2002)

July 31, 2002
34

JOINT NOTICE OF MOTION AND MOTION for preliminary approval of sttlmt agreement & ntc to class, & to set fairness hearing (mt) (Entered: 08/21/2002)

July 31, 2002
31

NOTICE OF DISCREPANCY AND ORDER by Judge Alicemarie H. Stotler ordering Joint Mot for Prelim Approval submitted received on 07/31/02 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (ln) (Entered: 08/06/2002)

Aug. 2, 2002
33

NOTICE OF JOINT MOTION for preliminary approval of settlement agreement and notice to class, and to set fairness hearing (mt) (Entered: 08/14/2002)

Aug. 6, 2002
32

NOTICE OF DISCREPANCY AND ORDER by Judge Alicemarie H. Stotler ordering ntc of joint mot for prelim submitted received on 8/6/02 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (mt) (Entered: 08/14/2002)

Aug. 7, 2002
35

CORRECTED COPY OF ntc of prop settlement of lawsuit concerting immigration benefits under The family unity program (yc) (Entered: 08/27/2002)

Aug. 23, 2002
37

ORDER by Judge Alicemarie H. Stotler That the Fairness hrging is set for 10/28/02 @ 11am. nlt 9/10/02 the parties shall publish this order, and nlt 10/15/02 pesons having objection to the settlement agreement shall submit same to this crt and to the parties cnsl. (yc) (Entered: 08/30/2002)

Aug. 26, 2002
41

REPORT of the proposed settlement in this case and objections to the proposed settlement filed by defendant INS. (th) (Entered: 10/31/2002)

Oct. 22, 2002
42

PLAINTIFFS' REPORT of The proposed settlement in this case and objections to the proposed settlement filed by defendant INS. (th) (Entered: 10/31/2002)

Oct. 22, 2002
43

PLAINTIFF'S REPORT regarding the publication of the proposed settlement in this case and objections to the proposed settlement filed by defendant INS. (th) (Entered: 11/01/2002)

Oct. 22, 2002
38

ORDER by Judge Alicemarie H. Stotler approving joint motion for class certification [17-1] (mt) (Entered: 10/29/2002)

Oct. 28, 2002
39

ORDER by Judge Alicemarie H. Stotler approving the settlement agreement [34-1] (mt) (Entered: 10/29/2002)

Oct. 28, 2002
40

MINUTES by Judge Alicemarie H Stotler: Crt grants Ord certifying class, & finds sttlmnt fair, just & reasonable; Crt retains jurisdiction for 15 months from this date to oversee provisions of sttlmnt agmt; terminating case (MD JS-6) (see doc for fur specifics) CR: Kathleen Haaland (ln) (Entered: 10/31/2002)

Oct. 28, 2002
45

NOTICE OF MOTION AND MOTION for Dismissal of Action filed by plaintiffs Graciela Rebeca Garcia De Espinoza, Gustavo Escutia, Jesus Espinoza -, Jose Espinoza, Edith Hernandez, Rita Lorena V Lopez, Guillermo Ocampo. (ln, ) (Entered: 01/27/2004)

Jan. 16, 2004
44

NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Alicemarie H. Stotler ORDERING Motion for Dismissal of the Action; Order Dismissing the Case with Prejudice submitted by Plaintiffs Graciela Rebeca Garcia De Espinoza, Gustavo Escutia, Jesus Espinoza -, Jose Espinoza, Edith Hernandez, Rita Lorena V Lopez, Guillermo Ocampo received on 01/16/04 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(ln, ) (Entered: 01/27/2004)

Jan. 21, 2004
46

NON-OPPOSITION by Defendants to Plaintiffs' Motion for Dismissal of Action[45] (kks) (Entered: 03/04/2004)

Feb. 13, 2004

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Aug. 25, 2000

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All applicants for Family Unity Benefits under Section 301 of the Immigration Act of 1990, whose applications are pending at the California Service Center on the date of the Court's final approval of this agreement and within 15 months thereafter.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Immigration Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Immigration and Naturalization Service, Federal

Case Details

Causes of Action:

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

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

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

Mandamus, 28 U.S.C. § 1361

All Writs Act, 28 U.S.C. § 1651

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2002 - 2004

Issues

General:

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

Immigration/Border:

Admission - criteria

Employment

Family Separation

Work authorization - criteria

Work authorization - procedures