Case: Ruiz v. Chertoff

5:05-cv-00966 | U.S. District Court for the Central District of California

Filed Date: Oct. 18, 2005

Closed Date: March 6, 2006

Clearinghouse coding complete

Case Summary

On October 18, 2005 Jorge Ruiz and several other plaintiffs including El Rescate, Central American Resource Center, Hermandad Mexicana Nacional, filed a class action lawsuit against the U.S. Department of Homeland Security and the U.S. Citizenship and Immigration Services in the United States District Court for the Central District of California. Plaintiffs were represented by attorneys for the Center for Human Rights and Constitutional Law.The plaintiffs brought the case because five years aft…

On October 18, 2005 Jorge Ruiz and several other plaintiffs including El Rescate, Central American Resource Center, Hermandad Mexicana Nacional, filed a class action lawsuit against the U.S. Department of Homeland Security and the U.S. Citizenship and Immigration Services in the United States District Court for the Central District of California. Plaintiffs were represented by attorneys for the Center for Human Rights and Constitutional Law.

The plaintiffs brought the case because five years after passage of statute providing for U visas for undocumented immigrant victims of serious crimes who cooperate with law enforcement (Victims of Trafficking and Violence Protection Act of 2000, 8 U.S.C. § 1101(a)(15)(U)) the Department of Homeland Security had still not issued U visa regulations or an application form, and instead was only issuing something called "interim relief' to a small number of applicants.

Plaintiffs agreed to dismiss their case in early 2006 after (1) USCIS agreed to issue a policy memorandum stating that when a U visa was approved in the future it would be back-dated to the time when the applicant was granted "interim relief" so that the required three years of U visa status before an applicant may apply for lawful permanent resident (green card) status would commence when the applicant was granted "interim relief," rather than later when granted U visa status, and (2) USCIS convinced Congress to give it until June 2006 to issue the U visa regulations.

For subsequent U visa litigation, see Catholic Charities CYO v. Chertoff, Cv. No. 07-01307-PJH (N.D. Cal.), IM-CA-00-17 in this Clearinghouse.

Summary Authors

Miles Chan (8/2/2007)

People


Judge(s)

Collins, Audrey B. (California)

Larson, Stephen G. (California)

Attorneys(s) for Plaintiff

Alvarez, Brigit Greeson (California)

Bustamante, Andres Z. (California)

Holguín, Carlos R. (California)

Marquez, David M. (California)

Pleitez, Karla Yecenia (California)

Schey, Peter A. (California)

Su, Julie A (California)

Yoshida, Mark Koji (California)

Judge(s)

Collins, Audrey B. (California)

Larson, Stephen G. (California)

Attorneys(s) for Plaintiff

Alvarez, Brigit Greeson (California)

Bustamante, Andres Z. (California)

Holguín, Carlos R. (California)

Marquez, David M. (California)

Pleitez, Karla Yecenia (California)

Schey, Peter A. (California)

Su, Julie A (California)

Yoshida, Mark Koji (California)

Attorneys(s) for Defendant

Lawrence, Victor M. (District of Columbia)

Travieso, Frank Michael (California)

Other Attorney(s)

Carey, Michelle Lynn (California)

Documents in the Clearinghouse

Document

Docket (PACER)

March 7, 2006 Docket

Docket

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

Docket sheet not available via the Clearinghouse.

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Oct. 18, 2005

Closing Date: March 6, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

several plaintiffs, some filed under false names.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

U. S. Citizenship and Immigration Services, Federal

U. S. Department of Homeland Security , Federal

Case Details

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Unknown

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal