Case: Catholic Charities v. Chertoff

4:07-cv-01307 | U.S. District Court for the Northern District of California

Filed Date: March 6, 2007

Closed Date: May 20, 2010

Clearinghouse coding complete

Case Summary

On March 6, 2007, a coalition of social justice and immigrant rights groups, led by Catholic Charities CYO, filed a class action lawsuit in the U.S. District Court for the Northern District of California, seeking declaratory and injunctive relief compelling the federal government to implement the "U" visa program. The U visa program was part of the Victims of Trafficking and Violence Protection Act of 2000, 8 U.S.C. § 1101(a)(15)(U), ("VTVPA"), which permitted immigrants who were victims of se…

On March 6, 2007, a coalition of social justice and immigrant rights groups, led by Catholic Charities CYO, filed a class action lawsuit in the U.S. District Court for the Northern District of California, seeking declaratory and injunctive relief compelling the federal government to implement the "U" visa program. The U visa program was part of the Victims of Trafficking and Violence Protection Act of 2000, 8 U.S.C. § 1101(a)(15)(U), ("VTVPA"), which permitted immigrants who were victims of serious crimes and who assisted law enforcement to apply for and receive U visas. Immigrants holding a U visa for three years could apply for lawful permanent resident status. Plaintiffs alleged that for six years the U.S. Department of Homeland Security and the United States Citizenship and Immigration Services ("USCIS") failed to implement the U visa program, thereby denying immigrant benefits that Congress intended. Plaintiffs alleged claims under the Victims Protection Act of 2000, 8 U.S.C. § 1101(a)(15)(U); the Immigration and Nationality Act, 8 U.S.C. § 1103; the Violence Against Women and Department of Justice Reauthorization Act of 2005; the Administrative Procedure Act, §§ 5 U.S.C. §§ 551 et seq.; the Due Process and Equal Protection Clauses of the Fifth Amendment to the United States Constitution; and Article II, §§ 1 and 3, of the United States Constitution. Attorneys with the Center for Human Rights and Constitutional Law, the Asian Pacific Islander Legal Outreach, the Sanctuary for Families, the Brooklyn Family Justice Center, the Public Law Center, the API Legal Outreach and the Central American Resource Center represented plaintiffs.

The government moved to dismiss the entire case on grounds which included lack of standing, lack of jurisdiction, and failure to state a claim.

On August 16, 2007, the District Court (Judge Phyllis J. Hamilton) granted the government's motion to dismiss in part as to plaintiffs' claims under Article II of the Constitution. The motion was denied as to all other claims. The Court ordered the government to file a monthly report outlining the status of enacting the regulations at issue. Catholic Charities CYO v. Chertoff, 2007 WL 2344995 (N.D. Cal. Aug. 16, 2007).

On February 20, 2008, plaintiffs filed an amended complaint, which defendants moved to dismiss on March 31, 2008. The defendants argued that the court lacked subject matter jurisdiction because certain claims were moot, that the plaintiffs lacked standing, and that the plaintiffs failed to state a claim on certain of their actions.

On December 22, 2008, the court granted defendants' motion to dismiss. Catholic Charities CYO v. Chertoff, 622 F. Supp. 2d 865 (N.D. Cal. 2008). The court found that: (1) plaintiffs' claims as to failure to implement the visa program or issue necessary regulations were moot; (2) plaintiffs lacked standing to challenge delay in promulgating necessary regulations or failure to grant visas; (3) plaintiffs' claims regarding derivative visa eligibility were moot in light of a guidance document by USCIS; (4) VTVPA provided no private cause of action for imposition of unreasonable requirements for law enforcement certifications (LECs) and refusal to issue employment authorizations; (5) plaintiffs lacked standing to challenge failure to issue LECs; and (6) plaintiffs' due process and equal protection rights were not violated by failure to timely implement program.

Plaintiffs appealed to the U.S. Court of Appeals for the Ninth Circuit on February 11, 2008. While the appeal was pending, the district court entered final judgment on August 6, 2009.

On February 25, 2010, the Court of Appeals (Circuit Judges Alex Kozinksi, David R. Thompson, M. Margaret McKeown) affirmed the district court's dismissal of plaintiffs' claims. Catholic Charities CYO v. Napolitano, 368 F. App'x 750 (9th Cir. 2010). The Ninth Circuit found the district court properly dismissed the claims alleging delay in issuing regulations for U visa applicants and adjustment of status because as none of the individual plaintiffs had been granted U visas, their claim of prejudice in eligibility for naturalization was not ripe. The organizational plaintiffs meanwhile lacked standing to challenge the prejudice from the delay. The Ninth Circuit agreed that the VTVPA did not provide a private cause of action and affirmed that this cause should be dismissed. The District Court filed the mandate from the Ninth Circuit on May 5, 2010. This case is closed.

Summary Authors

Dan Dalton (11/6/2007)

Jennifer Bronson (12/13/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4166621/parties/catholic-charities-cyo-v-chertoff/


Judge(s)

Hamilton, Phyllis Jean (California)

Kozinski, Alex (California)

McKeown, M. Margaret (California)

Thompson, David R. (California)

Attorneys(s) for Plaintiff

Babcock, Kenneth William (California)

Bustamante, Andres Z. (California)

Dinnerstein, Julie E. (New York)

Eyster, James Parry (Michigan)

Holguin, Charles Rudolph (California)

Holguín, Carlos R. (California)

Judge(s)

Hamilton, Phyllis Jean (California)

Kozinski, Alex (California)

McKeown, M. Margaret (California)

Thompson, David R. (California)

Attorneys(s) for Plaintiff

Babcock, Kenneth William (California)

Bustamante, Andres Z. (California)

Dinnerstein, Julie E. (New York)

Eyster, James Parry (Michigan)

Holguin, Charles Rudolph (California)

Holguín, Carlos R. (California)

Hwang, Victor Murray (California)

Kreymann, Kirsten Marie (California)

Lee, Ivy Chloe (California)

Lucas, Cynthia (California)

Schey, Peter A. (California)

Sharp, Daniel Joseph (California)

Viramontes, Angela (California)

Attorneys(s) for Defendant

Deiss, Ila Casy (California)

Lawrence, Victor M. (District of Columbia)

Robins, Jeffrey S (District of Columbia)

Documents in the Clearinghouse

Document

Docket

Catholic Charities CYO v. Chertoff

May 20, 2010 Docket
1

Complaint for Declaratory and Injunctive Relief [Class Action]

Catholic Charities CYO v. Chertoff

March 6, 2007 Complaint
12

Memorandum of Law in Support of Motion for Class Certification

Catholic Charities CYO v. Chertoff

April 18, 2007 Pleading / Motion / Brief
16

Order

Catholic Charities CYO v. Chertoff

May 9, 2007 Order/Opinion
33

Order Granting in Part and Denying in Part Motion to Dismiss

Catholic Charities CYO et al v. Chertoff

2007 WL 2344995, 2007 U.S.Dist.LEXIS 62732

Aug. 16, 2007 Order/Opinion
45

First Amended Complaint for Declaratory and Injunctive Relief

Catholic Charities CYO v. Chertoff

Feb. 20, 2008 Complaint
56

Order Granting Motion to Dismiss

Catholic Charities CYO v. Chertoff

622 F.Supp.2d 865

Dec. 22, 2008 Order/Opinion
79

Memorandum

Catholic Charities CYO v. Napolitano

U. S. Court of Appeals for the Ninth Circuit

368 Fed.Appx. 750

Feb. 25, 2010 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4166621/catholic-charities-cyo-v-chertoff/

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

ECF Number Description Date Link
1

Complaint

1 part two

View on RECAP

2 part three

View on RECAP

March 6, 2007 RECAP
2

ADR Scheduling Order

March 6, 2007 PACER
3

Certificate of Interested Entities

March 6, 2007 PACER
4

Notice of Appearance

March 21, 2007 PACER
5

Certificate of Service

March 22, 2007 PACER
6

Notice of Appearance

March 23, 2007 PACER
7

Notice of Appearance

March 28, 2007 PACER
8

Certificate of Service

April 10, 2007 PACER
9

Certificate of Service

April 10, 2007 PACER
10

Certificate of Service

April 10, 2007 PACER
11

Certificate of Service

April 10, 2007 PACER
12

Motion to Certify Class

April 18, 2007 PACER
13

Proposed Order

April 18, 2007 PACER
14

Ex Parte Application

May 3, 2007 PACER
15

Clerks Notice

May 7, 2007 PACER
16

ORDER re 14 Application by Defendants Seeking Additional Time to File Opposition to Plaintiffs' Motion for Class Certification; and 12 First MOTION to Certify Class; ORDER Vacating Hearing Date. Signed by Judge Hamilton on 5/9/2007. (pjhlc1, COURT STAFF) (Filed on 5/9/2007)

May 9, 2007 RECAP
17

Stipulation

May 16, 2007 PACER
18

ORDER re 17 Stipulation. Signed by Judge Hamilton on 5/18/2007. (pjhlc1, COURT STAFF) (Filed on 5/18/2007)

May 18, 2007 RECAP
19

Motion to Dismiss

1 Exhibit Exhibit A

View on PACER

2 Exhibit Exhibit B

View on PACER

3 Exhibit Exhibit C

View on PACER

4 Exhibit Exhibit D

View on PACER

5 Exhibit Exhibit E

View on PACER

6 Exhibit Exhibit F

View on PACER

7 Exhibit Exhibit G

View on PACER

May 29, 2007 RECAP
20

Declaration in Support

May 30, 2007 PACER
21

Errata

May 31, 2007 PACER
22

Status Report

1 Exhibit Declaration of Jeffrey S. Robins

View on PACER

2 Exhibit Exhibit 1

View on PACER

3 Exhibit Exhibit 2

View on PACER

4 Exhibit Exhibit 3

View on PACER

July 3, 2007 PACER
23

Stipulation

July 11, 2007 PACER
24

STIPULATION AND ORDER RE: ONE WEEK EXTENSION TO FILE OPPOSITION TO MOTION TO DISMISS, REPLY TO OPPOSITION TO MOTION TO DISMISS AND OF HEARING ON MOTION TO DISMISS re 23 Stipulation filed by Voces Unidas Project. Motion Hearing set for 8/8/2007 09:00 AM. Signed by Judge Phyllis J. Hamilton on 7/12/07. (nah, COURT STAFF) (Filed on 7/12/2007)

July 12, 2007 RECAP
25

Motion for Leave to File Excess Pages

July 18, 2007 PACER
26

Memorandum in Opposition

July 19, 2007 RECAP
27

Notice (Other)

1 Affidavit Declaration of Peter Schey

View on PACER

2 Affidavit Declaration of Cynthia Lucas

View on PACER

July 19, 2007 PACER
28

Order on Motion for Leave to File Excess Pages

July 23, 2007 PACER
29

Stipulation

July 24, 2007 PACER
30

STIPULATION AND ORDER RE: ONE ADDITIONAL WEEK EXTENSION TO FILE REPLY TO OPPOSITION TO MOTION TO DISMISS AND OF HEARING ON MOTION TO DISMISS re 29 Stipulation filed by U.S. Department of Homeland Security, Michael Chertoff, United States Citizenship and Immigration Services. Motion Hearing set for 8/15/2007 09:00 AM. Signed by Judge Phyllis J. Hamilton on 7/25/07. (nah, COURT STAFF) (Filed on 7/25/2007)

July 25, 2007 RECAP
31

Reply to Opposition

Aug. 1, 2007 PACER
32

Motion Hearing

Aug. 15, 2007 PACER
33

ORDER by Judge Hamilton granting in part and denying in part 19 Motion to Dismiss (pjhlc4, COURT STAFF) (Filed on 8/16/2007)

Aug. 16, 2007 RECAP
34

Stipulation

Sept. 14, 2007 PACER
35

Status Report

Sept. 17, 2007 PACER
36

STIPULATION AND ORDER TO DISMISS PLAINTIFF HERMANDAD MEXICANA NACIONAL re 34 Stipulation. Signed by Judge Phyllis J. Hamilton on 9/18/07. (nah, COURT STAFF) (Filed on 9/18/2007) Modified on 9/18/2007 (nah, COURT STAFF).

Sept. 18, 2007 RECAP
37

Answer to Complaint

Oct. 10, 2007 PACER
38

Status Report

Oct. 15, 2007 PACER
39

Clerks Notice re: Failure to E-File and Register

Oct. 25, 2007 PACER
40

Status Report

Nov. 15, 2007 PACER
41

Status Report

Dec. 17, 2007 PACER
42

Joint Case Management Statement

Jan. 10, 2008 PACER
43

Status Report

Jan. 15, 2008 PACER
44

Case Management Conference - Further

Jan. 17, 2008 PACER
45

Amended Complaint

Feb. 20, 2008 RECAP
46

Motion for Extension of Time to File

1 Exhibit Declaration of Ila C. Deiss

View on PACER

2 Exhibit Declaration of Jeffrey S. Robins

View on PACER

March 11, 2008 PACER
47

Order on Motion for Extension of Time to File

March 18, 2008 PACER
48

Motion to Dismiss

1 Exhibit Robins Declaration and Exhibits A-H

View on PACER

March 31, 2008 PACER
49

Renotice motion hearing

April 1, 2008 PACER
50

Stipulation

April 16, 2008 PACER
51

STIPULATION AND ORDER TO EXTEND DATE FOR OPPOSITION TO DEFENDANTS' MOTION TO DISMISS AND RELATED FILINGS AND HEARING re 50 Stipulation, filed by Luis R. Nunez Hernandez, Xiomara Castro, Ricardo Nunez Hernandez, Marlinda Clarke, Hermandad Mexic ana Nacional, Juan Rocha Rocha Francisco, Sandra Bucio, Felipe Sanchez Martinez, Friendly House, Blanca Rossell, Maria Hernandez, Central American Resource Center, Ramona Quintero, Sanctuary for Families, Maria Luisa Arroyo Torres, Diocesan Migrant & Refugee Services, Inc., Antonio Perez Garcia, Rosa Amezquita Razo, Voces Unidas Project, International Institute of the East Bay, Alma Rosa Padilla De Hernandez, Constantina Campos, Jorge Dominguez Rivera, Catholic Charities CYO, Eleuterio Rodriguez Ruiz, Rosa Galaviz, Veronica Reyes Bonilla, Elizabeth Lopez Gomez, Maria Estervina Perez, Giovana Saavedra, Patricia Garcia, Andres Bucio Perez, Francisca Ramirez Alvarez, Irma Moreno Sanvicente, Sergio Bucio Perez. Signed by Judge Phyllis J. Hamilton on 4/18/08. (nah, COURT STAFF) (Filed on 4/18/2008)

April 18, 2008 RECAP
52

Memorandum in Opposition

1 Exhibit Declaration of Christopher Scherer

View on PACER

April 30, 2008 PACER
53

Reply to Opposition

May 21, 2008 PACER
54

Motion Hearing

June 4, 2008 PACER
55

Motion Hearing

June 25, 2008 PACER
56

ORDER by Judge Hamilton granting 48 Motion to Dismiss (pjhlc1, COURT STAFF) (Filed on 12/22/2008)

Dec. 22, 2008 RECAP
57

Notice of Appeal

Feb. 11, 2009 PACER
58

Notice (Other)

Feb. 11, 2009 PACER
59

Transmission of Notice of Appeal and Docket Sheet to USCA

1 notification form

View on PACER

Feb. 12, 2009 PACER
60

Transcript

Feb. 17, 2009 PACER
61

Transcript Designation and Ordering Form

Feb. 19, 2009 PACER
62

USCA Case Number

Feb. 24, 2009 PACER
63

Transcript

March 19, 2009 PACER
64

Notice (Other)

April 1, 2009 PACER
65

Amended Document

April 1, 2009 PACER
66

Notice of Appeal Notification

1 docket sheet

View on PACER

April 2, 2009 PACER
67

Transmission of Notice of Appeal and Docket Sheet to USCA

1 docket sheet

View on PACER

2 cover letter

View on PACER

April 2, 2009 PACER
68

Notice (Other)

1 Proposed Order

View on PACER

Aug. 5, 2009 PACER
69

ORDER OF DISMISSAL. Signed by Judge Hamilton on 8/6/2009. (pjhlc1, COURT STAFF) (Filed on 8/6/2009)

Aug. 6, 2009 RECAP
70

Judgment

Aug. 6, 2009 PACER
71

Notice of Appeal

Aug. 18, 2009 PACER
72

Appeal Remark

Aug. 18, 2009 PACER
73

Notice of Appeal Notification

1 docket sheet

View on PACER

Aug. 31, 2009 PACER
74

Transmission of Notice of Appeal and Docket Sheet to USCA

1 docket sheet

View on PACER

2 USCA Appeal Notification Form

View on PACER

3 cover letter

View on PACER

Aug. 31, 2009 PACER
75

Certificate of Record

Aug. 31, 2009 PACER
76

Clerks Notice

Sept. 4, 2009 PACER
77

USCA Case Number

Sept. 14, 2009 PACER
78

USCA Case Number

Sept. 15, 2009 PACER
79

USCA Memorandum

Feb. 25, 2010 PACER
80

USCA Mandate

May 13, 2010 PACER
81

Clerks Letter Spreading Mandate

May 20, 2010 PACER

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: March 6, 2007

Closing Date: May 20, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who are prima facie eligible for a U visa and who have or would have applied for one but for defendants’ failure to issue U visas or promulgate regulations implementing § 1512 of the Victims of Trafficking and Violence Protection Act of 2000.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Human Rights & Constitutional Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

U.S. Department of Homeland Security , Federal

U.S. Citizenship and Immigration Services, 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.

Trafficking Victims Protection Act (TVPA), 18 U.S.C. § 1589

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Immigration/Border:

Constitutional rights

U.S. citizenship - acquiring

Visas - criteria

Visas - procedures