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Case Name
Alfaro Garcia v. Johnson
IM-CA-0077
Docket / Court
4:14-cv-01775 ( N.D. Cal. )
State/Territory
California
Case Type(s)
Immigration and/or the Border
Attorney Organization
ACLU of Northern California
ACLU of Southern California
Case Summary
On April 17, 2014, a group of immigrants awaiting "reasonable fear" determinations (part of the process of seeking relief from deportation for people who fear persecution in their home country) filed this class action lawsuit in the United States District Court for the Northern District of ...
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On April 17, 2014, a group of immigrants awaiting "reasonable fear" determinations (part of the process of seeking relief from deportation for people who fear persecution in their home country) filed this class action lawsuit in the United States District Court for the Northern District of California under the Administrative Procedure Act ("APA") and the Mandamus and Venue Act of 1962 against the United States Citizenship and Immigration Services ("USCIS"). The plaintiffs, represented by the ACLU of Southern California, the ACLU of Northern California, the National Immigrant Justice Center, and private counsel, asked the court for injunctive relief, claiming that USCIS is violating plaintiffs' rights under the APA and federal regulations. Specifically, plaintiffs claimed that USCIS does not conduct timely reasonable fear determinations, which are mandated to be completed within 10 days of referral to USCIS.
On July 17, 2014, the defendants moved to dismiss under Rule 12(b)(1) and (6), arguing that the named Plaintiffs' individual claims are now moot as all five named Plaintiffs have now received reasonable fear determinations, and that the 10-day period is "only a non-binding internal processing goal, not a mandatory deadline that confers enforceable rights on aliens." Plaintiffs filed their opposition on August 18, 2014, responding that the claims of the putative class are inherently transitory and strongly rebuking defendants' claims of the "aspirational" nature of the 10-day period.
On November 21, 2014, the Court denied the defendants' motion to dismiss, and further granted the plaintiff's motion for class certification. Settlement discussions then began, and on August 20, 2015, the Court approved a preliminary class action settlement pending a fairness hearing. On October 27, 2015, the Court approved the final settlement and attorneys' fees and costs of $327,047.66. Under the settlement, USCIS must meet a goal of making a reasonable fear determination with an average of 10 days, and not in excess of 20 days. The settlement also included provisions to ensure compliance; it was scheduled to last for 5 years after its approval.
Dan Whitman - 09/20/2014
Virginia Weeks - 10/25/2016
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Issues and Causes of Action
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Issues
Defendant-type
Jurisdiction-wide
Discrimination-basis
Immigration status
General
Government Services (specify)
Immigration/Border
Asylum - procedure
Undocumented immigrants - rights and duties
Plaintiff Type
Private Plaintiff
Causes of Action
Administrative Procedure Act, 5 U.S.C. ยงยง 551 et seq.
Mandamus, 28 U.S.C. § 1361
Case Details
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Defendant(s)
U.S. Citizenship and Immigration Services
Plaintiff Description
Putative class of individuals who are subject to removal; who have expressed, or in the future express, a fear of returning to their country of removal; and who have not received, or do not receive, a reasonable fear determination within 10 days of referral to the U.S.C.I.S.
Indexed Lawyer Organizations
ACLU of Northern California
ACLU of Southern California
Class action status sought
Yes
Class action status granted
Yes
Filed Pro Se
No
Prevailing Party
Plaintiff
Public Int. Lawyer
Yes
Nature of Relief
Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief
Settlement
Form of Settlement
Court Approved Settlement or Consent Decree
Order Duration
2015 - n/a
Filed
04/17/2014
Case Closing Year
2016
Case Ongoing
No
Additional Resources
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Documents
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Court
Docket(s)
N.D. Cal.
05/09/2016
4:14-cv-01775-YGR
IM-CA-0077-9000.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
N.D. Cal.
04/07/2014
Complaint for Declaratory and Injunctive Relief [ECF# 1]
IM-CA-0077-0001.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Cal.
07/17/2014
Defendants' Motion To Dismiss [ECF# 43]
IM-CA-0077-0002.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Cal.
08/18/2014
Plaintiffs' Response to Defendants' Motion To Dismiss [ECF# 54]
IM-CA-0077-0003.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Cal.
11/21/2014
Order Denying Motion to Dismiss; Granting Motion for Class Certification [ECF# 70]
(2014 WL 6657591)
IM-CA-0077-0004.pdf
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WESTLAW
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Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Cal.
10/27/2015
Order Approving Award of Attorneys' Fees and Costs [ECF# 132]
IM-CA-0077-0006.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Cal.
10/27/2015
Final Order Approving Settlement as Modified by the Court [ECF# 133]
IM-CA-0077-0005.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
People
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Judges
Rogers, Yvonne Gonzalez
(N.D. Cal.)
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IM-CA-0077-0004 | IM-CA-0077-0005 | IM-CA-0077-0006 | IM-CA-0077-9000
Plaintiff's Lawyers
Arulanantham, Ahilan T
(California)
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IM-CA-0077-0003 | IM-CA-0077-0005 | IM-CA-0077-9000
Carraher, Timothy R.
(Illinois)
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IM-CA-0077-0003 | IM-CA-0077-0005 | IM-CA-0077-9000
Iguina, Carmen G.
(California)
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IM-CA-0077-0003 | IM-CA-0077-0005 | IM-CA-0077-9000
Kaufman, Michael Bryan
(California)
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IM-CA-0077-0003 | IM-CA-0077-0005 | IM-CA-0077-9000
Mass, Julia Harumi
(California)
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IM-CA-0077-0003 | IM-CA-0077-0005 | IM-CA-0077-9000
Murphy, Christopher R.
(Illinois)
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IM-CA-0077-0005
Pingel, John Douglas
(California)
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IM-CA-0077-0001 | IM-CA-0077-0003 | IM-CA-0077-0005 | IM-CA-0077-9000
Prater, Joseph B.
(Illinois)
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IM-CA-0077-0003
Rolfes, James August
(Illinois)
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IM-CA-0077-0003 | IM-CA-0077-0005 | IM-CA-0077-9000
Roth, Charles G.
(Illinois)
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IM-CA-0077-0003 | IM-CA-0077-0005
Smith, David Z.
(Illinois)
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IM-CA-0077-0003 | IM-CA-0077-0005
Valenzuela, Claudia
(Illinois)
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IM-CA-0077-0003 | IM-CA-0077-0005 | IM-CA-0077-9000
Zhao, Jingni
(California)
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IM-CA-0077-9000
Defendant's Lawyers
Delery, Stuart F.
(District of Columbia)
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IM-CA-0077-0002
Ginsburg, Douglas E.
(District of Columbia)
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IM-CA-0077-0002
Kisor, Colin A.
(District of Columbia)
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IM-CA-0077-0002
Mercado-Santana, Victor M.
(District of Columbia)
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IM-CA-0077-0002 | IM-CA-0077-9000
Nahas, Rebekah Antoin
(District of Columbia)
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IM-CA-0077-0002 | IM-CA-0077-9000
Quick, Erik
(District of Columbia)
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IM-CA-0077-0002
Stevens, Elizabeth Jones
(District of Columbia)
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IM-CA-0077-0002 | IM-CA-0077-0005 | IM-CA-0077-9000
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