University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Carreon-Moctezuma v. Cejka IM-TX-0025
Docket / Court 1:07-cv-00145 ( S.D. Tex. )
State/Territory Texas
Case Type(s) Immigration
Case Summary
On September 18, 2007, petitioner filed a petition for writ of habeas corpus and a class action complaint for declaratory and injunctive relief in the U.S. District Court for the Southern District of Texas, seeking to force federal immigration official Respondents to process her I-765 application ... read more >
On September 18, 2007, petitioner filed a petition for writ of habeas corpus and a class action complaint for declaratory and injunctive relief in the U.S. District Court for the Southern District of Texas, seeking to force federal immigration official Respondents to process her I-765 application for employment authorization ("EAD") in accordance with 8 C.F.R. §274.13(d), and without regard to Requests For Evidence ("RFEs") issued in conjunction with any application other than the I-765 itself. Petitioner alleged that the government was misapplying several federal regulations, namely 8 C.F.R. § 274.13(d) and 8 C.F.R. § 103.2(b)(10)(ii).

Pursuant to 8 C.F.R. §103.2(b)(10)(i), the government could put a hold on any immigration application or petition (of any type) if it was "missing required evidence." If the application was held in suspension, the applicant was not entitled to receive "interim benefits." The government would then issue a RFE, giving the applicant the opportunity to supply the missing evidence.

Petitioner alleged that the government was applying this regulation to withhold interim EADs when an RFE had been issued in relation to an application other than the EAD, such as the underlying adjustment application. Petitioner sought to enjoin that practice.

An amended complaint, submitted on October 21, 2007, added two more petitioners in similar circumstances.

On December 10, 2007, defendants moved to dismiss the case as moot, indicating that petitioners had all responded to the RFEs with the evidence requested and had been issued EADs. After an unexplained ten-month gap on the docket, the Court (Judge Andrew S. Hanen) granted the motion on October 22, 2008.

Christopher Schad - 06/12/2012


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Issues and Causes of Action
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Issues
General
Habeas Corpus
Immigration
Constitutional rights
Plaintiff Type
Private Plaintiff
Causes of Action Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Declaratory Judgment Act, 28 U.S.C. § 2201
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) Department of Homeland Security
U.S. Citizenship & Immigration Services
Plaintiff Description National class consisting of all persons who are seeking the status of permanent residents, who have filed or will in the future file I-765s in conjunction with pending I-485s, and who have received or will receive RFEs additional evidence
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Unknown
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2008
Case Ongoing No
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
1:07-cv-00145 (S.D. Tex.) 11/07/2008
IM-TX-0025-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
First Amended Petition for Writ of Habeas Corpus and Class Action Complaint for Declaratory and Injunctive Relief 10/21/2007
IM-TX-0025-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Motion to Dismiss 12/10/2007
IM-TX-0025-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Granting Defendants' Motion to Dismiss] 10/22/2008 (S.D. Tex.)
IM-TX-0025-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Hanen, Andrew S. (S.D. Tex.)
IM-TX-0025-0003 | IM-TX-0025-9000
Monitors/Masters None on record
Plaintiff's Lawyers Brodyaga, Lisa S. (Texas)
IM-TX-0025-0001 | IM-TX-0025-9000
Defendant's Lawyers Benavides, Reno Carlo (Texas)
IM-TX-0025-0002 | IM-TX-0025-9000
Bucholtz, Jeffrey S. (District of Columbia)
IM-TX-0025-0002
De Gabrielle, Donald J. Jr. (Texas)
IM-TX-0025-0002
Howard, William J. (District of Columbia)
IM-TX-0025-0002
Young, Stacey Ilene (District of Columbia)
IM-TX-0025-0002 | IM-TX-0025-9000
Zeitlin, Benjamin (District of Columbia)
IM-TX-0025-0002 | IM-TX-0025-9000
Other Lawyers None on record

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