University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Villalobos v. District of Columbia IM-DC-0029
Docket / Court 1:17-cv-00352-RMC ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Immigration and/or the Border
Attorney Organization MALDEF
Case Summary
On February 28, 2017, an incoming college student whose mother was not a U.S. citizen filed this lawsuit in the U.S. District Court for the District of Columbia. The case was assigned to Judge Rosemary Collyer. The plaintiff sued the District of Columbia and several government employees involved in ... read more >
On February 28, 2017, an incoming college student whose mother was not a U.S. citizen filed this lawsuit in the U.S. District Court for the District of Columbia. The case was assigned to Judge Rosemary Collyer. The plaintiff sued the District of Columbia and several government employees involved in the D.C. Tuition Assistance Grant Program (DCTAG) under 42 U.S.C. § 1983, the District of Columbia Administrative Procedures Act, and D.C. CODE §§ 38.2702(c)(2). The plaintiff, represented by the Mexican American Legal Defense and Educational Fund, alleged that the defendant had violated the Supremacy Clause, the Due Process Clause, and the Equal Protection Clause of the United States Constitution as well as the District of Columbia's Administrative Procedure Act. The plaintiff sought declaratory and injunctive relief, as well as attorneys’ fees.

DCTAG was a federal tuition assistance program that provided financial aid to D.C. residents attending college. To be eligible for DCTAG, applicants had to have been domiciled in D.C. for twelve consecutive months before the start of their freshman year. The plaintiff, a U.S. citizen, had lived in D.C. with her mother for the plaintiff’s whole life. However, because her mother was not a citizen, her mother could not establish domicile. The plaintiff was denied funding for the 2015-2016 school year because she had been a dependent of a noncitizen in the previous twelve months. When she reapplied for the 2016-2017 school year, the defendants allegedly told her that she would never be eligible for DCTAG because her parent did not have the “requisite citizenship status.”

The parties settled the case out of court on April 26, 2017. The court dismissed the case without prejudice until June 12, 2017. If June 12, 2017 passed and neither party moved to reopen the case, the case would be dismissed with prejudice. That date passed with neither party moving to reopen the case, so the settlement was presumably consummated. We do not know the terms of the settlement because all settlement proceedings happened outside of court. The case is now closed.

Rebecca Strauss - 06/14/2018


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Due Process
Equal Protection
Supremacy Clause
Defendant-type
Jurisdiction-wide
Discrimination-basis
Family discrimination
Immigration status
General
Access to public accommodations - governmental
Disparate Treatment
Education
Funding
Juveniles
Public assistance grants
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Immigration/Border
Constitutional rights
Family
Status/Classification
Temporary protected status
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
State law
Defendant(s) District of Columbia
Plaintiff Description An incoming college student seeking financial aid whose mother is not a U.S. citizen
Indexed Lawyer Organizations MALDEF
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Voluntary Dismissal
Filing Year 2017
Case Closing Year 2017
Case Ongoing No
Docket(s)
1:17-cv-00352-RMC (D.D.C.)
IM-DC-0029-9000.pdf | Detail
Date: 04/26/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Original Complaint for Declaratory and Injunctive Relief [ECF# 1]
IM-DC-0029-0001.pdf | Detail
Date: 02/28/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Collyer, Rosemary M. (FISC, D.D.C.)
IM-DC-0029-9000
Plaintiff's Lawyers Lopez, Burth (District of Columbia)
IM-DC-0029-0001
Perales, Nina (Texas)
IM-DC-0029-0001 | IM-DC-0029-9000
Defendant's Lawyers Rich, Robert Joseph (District of Columbia)
IM-DC-0029-9000
Saindon, Andrew J. (District of Columbia)
IM-DC-0029-9000

- click to show/hide ALL -

new search
page permalink

- top of page -