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

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14160227/parties/jorge-rodriguez-ruiz-v-michael-chertoff/


Judge(s)

Collins, Audrey B. (California)

Attorney for Plaintiff

Alvarez, Brigit Greeson (California)

Bustamante, Andres Z. (California)

Holguín, Carlos R. (California)

Attorney for Defendant
Expert/Monitor/Master/Other

Carey, Michelle Lynn (California)

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Documents in the Clearinghouse

Document

5:05-cv-00966

Docket (PACER)

March 7, 2006

March 7, 2006

Docket

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14160227/jorge-rodriguez-ruiz-v-michael-chertoff/

Last updated April 9, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendants Michael Chertoff, United States Citizenship and Immigration Services, US Department of Homeland Security.(Filing fee $ 250), filed by plaintiffs Jane Doe 3, Jane Doe 1, Jane Doe 2, Jane Doe 4, Minor 1, Jorge Rodriguez Ruiz, Minor 2, Minor 3, El Rescate, Central American Resource Center, Hermandad Mexicana Nacional, Eleuterio Rodriguez Ruiz.(mrgo, ) (Entered: 10/21/2005)

Oct. 18, 2005

Oct. 18, 2005

PACER

FAX number for Attorney Brigit Greeson Alvarez, Michelle Lynn Carey, Carlos Holguin, Peter A Schey is 213-386-9484. (mrgo, )

Oct. 18, 2005

Oct. 18, 2005

PACER

FAX number for Attorney Karla Yecenia Pleitez is 213-387-9189. (mrgo, )

Oct. 18, 2005

Oct. 18, 2005

PACER

FAX number for Attorney David M Marquez is 213-385-1094. (mrgo, )

Oct. 18, 2005

Oct. 18, 2005

PACER

FAX number for Attorney Andres Z Bustamante is 213-627-1655. (mrgo, )

Oct. 18, 2005

Oct. 18, 2005

PACER

FAX number for Attorney Julie A Su, Mark Koji Yoshida is 213-977-7595. (mrgo, )

Oct. 18, 2005

Oct. 18, 2005

PACER

60 days Summons Issued re Complaint - (Discovery), Complaint - (Discovery) 1 as to Michael Chertoff, United States Citizenship and Immigration Services, US Department of Homeland Security. (mrgo, )

Oct. 18, 2005

Oct. 18, 2005

PACER

NOTICE TO COUNSEL re Eastern Division Pilot. (mrgo, )

Oct. 18, 2005

Oct. 18, 2005

PACER
2

CERTIFICATION of Interested Parties filed by Plaintiffs Jane Doe 1, Jane Doe 2, Jane Doe 4, Minor 1, Jorge Rodriguez Ruiz, Minor 2, Minor 3, El Rescate, Central American Resource Center, Hermandad Mexicana Nacional, Jane Doe 3, Eleuterio Rodriguez Ruiz. (mrgo, ) (Entered: 10/21/2005)

Oct. 18, 2005

Oct. 18, 2005

PACER
3

STANDING ORDER by Judge Stephen G. Larson. IT IS HEREBY ORDERED: 1) that plaintiff shall promptly serve the complaint in accordance with FRCP 4 and file the proofs of service pursuant to Local Rule 5-3.1. (See order for further specifics)(mrgo, ) (Entered: 10/26/2005)

Oct. 25, 2005

Oct. 25, 2005

PACER
4

NOTICE of Assigned Attorney associating attorney Victor M Lawrence, Frank Michael Travieso on behalf of Defendants Michael Chertoff, United States Citizenship and Immigration Services, US Department of Homeland Security. Filed by Defendants Michael S Chertoff, United States Citizenship and Immigration Services, US Department of Homeland Security (ln, ) (Entered: 11/09/2005)

Nov. 7, 2005

Nov. 7, 2005

PACER

FAX number for Attorney Frank Michael Travieso is 213-894-7819. (ln, )

Nov. 7, 2005

Nov. 7, 2005

PACER

FAX number for Attorney Victor M Lawrence is 202-233-0397. (ln, )

Nov. 7, 2005

Nov. 7, 2005

PACER
5

CONSENT TO PROCEED before Magistrate Judge Stephen G. Larson, in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), filed by plaintiffs Jane Doe 1, Jane Doe 2, Jane Doe 4, Minor 1, Jorge Rodriguez Ruiz, Minor 2, Minor 3, El Rescate, Central American Resource Center, Hermandad Mexicana Nacional, Jane Doe 3, Eleuterio Rodriguez Ruiz. The filing party or parties to this case DO NOT CONSENT to proceed before Magistrate Judge Larson and hereby request reassignment of this case to a District Judge. The parties understand that Magistrate Judge Larson will remain assigned to this case for purposes of any referred discovery matters. Any appeal shall be taken before the 9th Circuit Court of Appeals. (mrgo, ) (Entered: 11/15/2005)

Nov. 14, 2005

Nov. 14, 2005

PACER
8

EX PARTE APPLICATION to Proceed Under Fictitious Names filed by plaintiffs Jane Doe 1, Jane Doe 2, Jane Doe 4, Minor 1, Jorge Rodriguez Ruiz, Minor 2, Minor 3, El Rescate, Central American Resource Center, Hermandad Mexicana Nacional, Jane Doe 3, Eleuterio Rodriguez Ruiz. Lodged proposed order. (mrgo, ) (Entered: 11/17/2005)

Nov. 14, 2005

Nov. 14, 2005

PACER
6

NOTICE OF DISCREPANCY AND ORDER: by Judge Stephen G. Larson, ORDERING exhibits filed under seal submitted by Plaintiffs Jane Doe 1, Jane Doe 2, Jane Doe 4, Minor 1, Jorge Rodriguez Ruiz, Minor 2, Minor 3, El Rescate, Central American Resource Center, Hermandad Mexicana Nacional, Jane Doe 3, Eleuterio Rodriguez Ruiz received on 11/14/05 is not to be filed but instead rejected. Denial based on: needs to follow Local Rule 79-5.1 regarding filing under seal.(mrgo, ) (Entered: 11/17/2005)

Nov. 15, 2005

Nov. 15, 2005

PACER
7

NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Stephen G. Larson ORDERING ex parte application to proceed under fictitious names submitted by Plaintiffs Jane Doe 1, Jane Doe 2, Jane Doe 4, Minor 1, Jorge Rodriguez Ruiz, Minor 2, Minor 3, El Rescate, Central American Resource Center, Hermandad Mexicana Nacional, Jane Doe 3, Eleuterio Rodriguez Ruiz received on 11/14/05 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(mrgo, ) (Entered: 11/17/2005)

Nov. 15, 2005

Nov. 15, 2005

PACER
9

OBJECTION AND NOTICE OF DEFICIENCY REGARDING plaintiffs' EX PARTE APPLICATION for Order for to Proceed Under Fictitious Names 8 filed by defendants Michael Chertoff, United States Citizenship and Immigration Services, US Department of Homeland Security. (mrgo, ) (Entered: 11/17/2005)

Nov. 16, 2005

Nov. 16, 2005

PACER
10

ORDER by Judge Stephen G. Larson : denying plaintiffs' 8 Ex Parte Application for Order to proceed under fictitious names for being deficient under Local Rule 7-19.1. (mrgo, ) (Entered: 11/18/2005)

Nov. 17, 2005

Nov. 17, 2005

PACER
11

NOTICE OF REASSIGNMENT. Pursuant to General Order 03-13, this case has been reassigned to Judge Audrey B. Collins for all further proceedings. Any discovery matters are assigned to Magistrate Judge Stephen G. Larson. All documents subsequently filed in this case must reflect the case number ED CV 05-966 ABC (SGLx). (la, ) (Entered: 11/18/2005)

Nov. 18, 2005

Nov. 18, 2005

PACER
17

EX PARTE APPLICATION to Extend Time to Respond to Complaint to 1/23/2006 filed by defendants Michael Chertoff, United States Citizenship and Immigration Services, US Department of Homeland Security. Lodged proposed order. (mg, ) (Entered: 12/01/2005)

Nov. 28, 2005

Nov. 28, 2005

PACER
12

PROOF OF SERVICE Executed by plaintiffs upon Michael Chertoff by serving Attorney General Alberto Gonzalez; served on 11/4/2005, answer due 1/3/2006. The Summons and Complaint were served by certified mail, by Federal statute. Track and Confirm sheet attached showing delivery was made on 11/4/05. Service accepted by (not specified) on behalf of Alberto Gonzalez, Attorney General. Original Summons not returned. No return receipt card was attached. (mg, ) (Entered: 11/30/2005)

Nov. 29, 2005

Nov. 29, 2005

PACER
13

PROOF OF SERVICE Executed by plaintiffs upon Michael Chertoff, US Department of Homeland Security; served on 11/9/2005, answer due 1/8/2006. The Summons and Complaint were served by certified mail, by Federal statute. Copy of return receipt is attached signed for by Frances Adams (title not specified). Original summons returned. (mg, ) (Entered: 11/30/2005)

Nov. 29, 2005

Nov. 29, 2005

PACER
14

PROOF OF SERVICE Executed by plaintiffs upon United States Citizenship and Immigration Services, DHS, by serving Alberto Gonzalez, Attorney General; served on 11/4/2005, answer due 1/3/2006. The Summons and Complaint were served by certified mail, by Federal statute. Track and Confirm sheet is attached showing delivery on 11/4/05. Name of person receiving service is not specified. Return receipt card not attached. (mg, ) (Entered: 11/30/2005)

Nov. 29, 2005

Nov. 29, 2005

PACER
15

PROOF OF SERVICE Executed by plaintiffs upon Michael Chertoff, United States Citizenship and Immigration Services by serving United States Attorney; served on 10/18/2005, answer due 12/17/2005. The Summons and Complaint were served by personal service, by Federal statute. Service accepted by Genova Ortega, Legal Clerk on behalf of Leon Weidman, Chief, Civil Division, Office of the United States Attorney. Original Summons not returned. (mg, ) (Entered: 11/30/2005)

Nov. 29, 2005

Nov. 29, 2005

PACER
16

PROOF OF SERVICE Executed by plaintiffs upon United States Citizenship and Immigration Services by serving Robert Divine, Acting Dir USCIS; served on 11/4/2005, answer due 1/3/2006. The Summons and Complaint were served by certified mail, by Federal statute. Return receipt card is attached (no name or title of person receiving service is provided). Original Summons not returned. (mg, ) (Entered: 11/30/2005)

Nov. 29, 2005

Nov. 29, 2005

PACER
18

ORDER by Judge Audrey B. Collins granting 17 Ex Parte Application for Extension of Time for Answer Michael Chertoff; United States Citizenship and Immigration Services; and US Department of Homeland Security to answer complaint to 1/23/2006. (mg, ) (Entered: 12/01/2005)

Nov. 30, 2005

Nov. 30, 2005

PACER
20

NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint; Memorandum of points and authorities in support of Motion to dismiss complaint; Declaration of Victor M Lawrence in Support filed by Defendants Michael Chertoff, United States Citizenship and Immigration Services, US Department of Homeland Security. Motion set for hearing on 2/27/2006 at 10:00 AM before Judge Audrey B. Collins. Lodged proposed order. (shb, ) (Entered: 02/03/2006)

Jan. 23, 2006

Jan. 23, 2006

PACER
19

ORDER RE CONFERENCE: by Judge Audrey B. Collins: This action has been assigned to the calendar of Judge Audrey B. Collins, Courtroom 680, Roybal Federal Building, 255 East Temple Street, Los Angeles, CA 90012. The responsibility for the progress of litigation in the Federal Courts falls not only upon the attorneys inthe action, but upon the Court as well. In order "to secure the just, speedy, and inexpensive determination of every action," (Fed.R.Civ.P1.) all counsel are ordered to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. This matter is set for Pretrial Conference on 3/6/2006 10:00 AM before Judge Audrey B. Collins. (See order for further details).(shb, ) (Entered: 02/01/2006)

Jan. 31, 2006

Jan. 31, 2006

PACER
21

EX PARTE APPLICATION to Continue hearing on Motion to Dismiss and Pretrial Conference filed by Plaintiffs Central American Resource Center and Hermandad Mexicana Nacional. Lodged Order. (yl, ) (Entered: 02/15/2006)

Feb. 13, 2006

Feb. 13, 2006

PACER

PLACED IN FILE - NOT USED re Proposed Order Denying Ex Parte submitted by Defendants Michael Chertoff, United States Citizenship and Immigration Services, US Department of Homeland Security. (yl, )

Feb. 15, 2006

Feb. 15, 2006

PACER

PLACED IN FILE - NOT USED re Order Continuing Hearing on Motion to Dismiss submitted by plaintiffs Jorge Rodriguez Ruiz, El Rescate, Central American Resource Center, Hermandad Mexicana Nacional, Eleuterio Rodriguez Ruiz. (yl, )

Feb. 15, 2006

Feb. 15, 2006

PACER
23

OPPOSITION to Plaintiffs EX PARTE APPLICATION to Continue hearing on Motion to Dismiss 21 filed by defendants Michael Chertoff, United States Citizenship and Immigration Services, US Department of Homeland Security. (jp, ) (Entered: 02/22/2006)

Feb. 15, 2006

Feb. 15, 2006

PACER
22

ORDER by Judge Audrey B. Collins : denying 21 Plaintiff's Ex Parte Application to Continue hearing on Defendant's motion to dismiss. However, due to Court congestion, the Court continues hearing on Defendant's motion to dismiss to March 13, 2006, at 10:00AM, with hope the matter will be resolved before that date without further action from the Court. Furthermore, the Court continues the Scheduling Conference to April 3, 2006, at 10:00AM. (da, ) (Entered: 02/16/2006)

Feb. 16, 2006

Feb. 16, 2006

PACER
24

NOTICE OF DISMISSAL PURSUANT TO RULE 41(a) or (c) F.R.Civ.P. by Judge Audrey B. Collins,, (Made JS-6. Case Terminated.)(shb, ) (Entered: 03/07/2006)

March 6, 2006

March 6, 2006

PACER
24

NOTICE OF DISMISSAL PURSUANT TO RULE 41(a) or (c) F.R.Civ.P. by Judge Audrey B. Collins,, (Made JS-6. Case Terminated.)(shb, ) (Entered: 03/07/2006)

March 6, 2006

March 6, 2006

PACER

PLACED IN FILE - NOT USED re proposed Order Dismissing Complaint submitted by Defendants Michael Chertoff. (yl, )

March 7, 2006

March 7, 2006

PACER

PLACED IN FILE - NOT USED re proposed Order Dismissing Complaint submitted by Defendants Michael Chertoff. (yl, )

March 7, 2006

March 7, 2006

PACER

PLACED IN FILE - NOT USED re proposed Order Dismissing Complaint submitted by Defendants Michael Chertoff. (yl, )

March 7, 2006

March 7, 2006

PACER

Case Details

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

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Unknown

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal