University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Ruiz v. Chertoff IM-CA-0016
Docket / Court ED-CV-05-0966 ( C.D. Cal. )
State/Territory California
Case Type(s) Immigration
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 ... read more >
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.

Miles Chan - 08/02/2007


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Issues and Causes of Action
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Issues
Plaintiff Type
Private Plaintiff
Causes of Action
Defendant(s) U. S. Citizenship and Immigration Services
U. S. Department of Homeland Security
Plaintiff Description several plaintiffs, some filed under false names.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Unknown
Prevailing Party Unknown
Public Int. Lawyer Yes
Nature of Relief Declaratory Judgment
Source of Relief Litigation
Form of Settlement Voluntary Dismissal
Order Duration not on record
Case Closing Year 2006
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)
05-cv-00966-ABC-SGL (C.D. Cal.) 03/07/2006
IM-CA-0016-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
No documents currently in the collection
Judges Collins, Audrey B. (C.D. Cal.)
IM-CA-0016-9000
Larson, Stephen G. (C.D. Cal.) [Magistrate]
IM-CA-0016-9000
Monitors/Masters None on record
Plaintiff's Lawyers Alvarez, Brigit Greeson (California)
IM-CA-0016-9000
Bustamante, Andres Z. (California)
IM-CA-0016-9000
Carey, Michelle Lynn (California)
IM-CA-0016-9000
Holguín, Carlos R. (California)
IM-CA-0016-9000
Marquez, David M. (California)
IM-CA-0016-9000
Pleitez, Karla Yecenia (California)
IM-CA-0016-9000
Schey, Peter A. (California)
IM-CA-0016-9000
Su, Julie A (California)
IM-CA-0016-9000
Yoshida, Mark Koji (California)
IM-CA-0016-9000
Defendant's Lawyers Lawrence, Victor M. (District of Columbia)
IM-CA-0016-9000
Travieso, Frank Michael (California)
IM-CA-0016-9000
Other Lawyers None on record

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