Isidora Lopez Venegas v. Janet Napolitano et al
Filing
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FINAL JUDGMENT by Judge John A. Kronstadt. 1. In the Final Order Approving Class Action Settlement, the Courtgranted final certification of a class defined as: all Individuals who returned toMexico pursuant to a Qualifying Voluntary Return between Ju ne 1, 2009 andAugust 28, 2014, and who are described in both paragraphs (a) and (b) of thissection:(a) Based on the facts as they existed at the time of his or her QualifyingVoluntary Return, the Individual:(i) Last entered the United States with ins pection prior to his or herQualifying Voluntary Return and satisfied the non-discretionarycriteria for submitting an approvable application to adjust statusunder 8 U.S.C. § 1255(a), based on a bona fide immediaterelative relationship defined in 8 U.S.C. § 1151(b)(2)(A)(i); (ii) Was the beneficiary of a properly filed Form I-130 Petition forAlien Relative based on a bona fide family relationship, whichwas pending or approved at the time of the QualifyingVoluntary Return;(iii) Satisfied the non-discretionary criteria to apply for cancellationof removal under 8 U.S.C. § 1229b; or(iv) His or her Qualifying Voluntary Return occurred on or afterJune 15, 2012, and he or she satisfied the non-discretionarycriteria for Deferred Action for Childhood Arrivals (DACA)listed on page one of the June 15, 2012 memorandum fromformer Secretary of Homeland Security Janet Napolitano (MD JS-6, Case Terminated). (See judgment for further details) (bp)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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ISIDORA LOPEZ-VENEGAS, et al.,
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Plaintiffs,
v.
No. CV 13-03972-JAK (PLAx)
FINAL JUDGMENT
JS-6
JEH JOHNSON, et al.,
Defendants.
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CV 13-03972-JAK (PLAx)
FINAL JUDGMENT
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1.
In the Final Order Approving Class Action Settlement, the Court
granted final certification of a class defined as: “all Individuals who returned to
Mexico pursuant to a Qualifying Voluntary Return between June 1, 2009 and
August 28, 2014, and who are described in both paragraphs (a) and (b) of this
section:
(a)
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Based on the facts as they existed at the time of his or her Qualifying
Voluntary Return, the Individual:
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(i)
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Qualifying Voluntary Return and satisfied the non-discretionary
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criteria for submitting an approvable application to adjust status
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under 8 U.S.C. § 1255(a), based on a bona fide immediate
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relative relationship defined in 8 U.S.C. § 1151(b)(2)(A)(i);
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(ii)
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was pending or approved at the time of the Qualifying
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Voluntary Return;
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(iii)
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(iv)
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criteria for Deferred Action for Childhood Arrivals (“DACA”)
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listed on page one of the June 15, 2012 memorandum from
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His or her Qualifying Voluntary Return occurred on or after
June 15, 2012, and he or she satisfied the non-discretionary
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Satisfied the non-discretionary criteria to apply for cancellation
of removal under 8 U.S.C. § 1229b; or
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Was the beneficiary of a properly filed Form I-130 Petition for
Alien Relative based on a bona fide family relationship, which
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Last entered the United States with inspection prior to his or her
former Secretary of Homeland Security Janet Napolitano; and
(b)
At the time of application for class membership, the Individual:
(i)
Is physically present within Mexico; and
(ii)
Is inadmissible under 8 U.S.C. § 1182(a)(9)(B), due to his or her
Qualifying Voluntary Return, except that this requirement does
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CV 13-03972-JAK (PLAx)
1.
FINAL JUDGMENT
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not apply to an Individual seeking recognition as Class Member
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under Paragraph (a)(i) above.
The term “ICE” means U.S. Immigration and Customs Enforcement, and the term
“Border Patrol” means U.S. Border Patrol, both of which are within the U.S.
Department of Homeland Security.
The term “Qualifying Voluntary Return”
means “any Voluntary Return that occurred within the Relevant Area during the
period starting June 1, 2009, and ending on the date of the District Court’s
Preliminary Approval of the Classwide Settlement,” August 28, 2014. The term
“Voluntary Return” means “the process by which an Individual in the custody of
ICE or Border Patrol admits being unlawfully present in the United States, and
returns to his or her country of citizenship or nationality under 8 U.S.C. § 1229c(a),
in lieu of formal removal proceedings.
This term does not include voluntary
departure granted by an immigration judge during or at the conclusion of formal
removal proceedings.” Further, the term “Individual” means “a natural person who
is not a citizen or national of the United States.”
2.
All persons who satisfy the class definition above are Class Members,
regardless of whether they file an application for class membership. However, an
Individual is not a Class Member if: (1) Defendants deny his or her application for
class membership and that decision is not otherwise reversed; or (2) Defendants
deny him or her physical entry into the United States.
3.
In the Final Order Approving Class Action Settlement, the Court found
that notice of the Settlement Agreement and Release (“Settlement Agreement”) was
provided to Class Members by creating a website dedicated to providing notice of
the settlement (www.salidavoluntariaacuerdo.com), “billboard” publication notices,
radio announcements, “banner-style notices” on several websites, notices on
Facebook, and keyword searches in compliance with Section 3.3 of the Settlement
Agreement, Federal Rule of Civil Procedure 23 and due process.
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CV 13-03972-JAK (PLAx)
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FINAL JUDGMENT
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4.
Consistent with the Settlement Agreement, by entry of this Final
Judgment, each Class Member and his or her assignees, heirs, successors, and
personal representatives unconditionally releases the United States of America and
all Defendants, including their sub-agencies, officers, agents, and employees, from
all claims asserted in the First Amended Complaint based on events that occurred
on or before the date of entry of the Preliminary Approval Order, August 28, 2014.
This Judgment shall not have preclusive effect on any damages claim by any Class
Member.
5.
The Court and assigned Magistrate Judge shall retain jurisdiction over
all disputes between and among the parties arising out of the Settlement Agreement,
including but not limited to interpretation and enforcement of the terms of the
Settlement Agreement, except as otherwise provided in the Settlement Agreement.
6.
Class Counsel is awarded $700,000 (total) in fees and costs, in full
settlement of attorneys’ fees and costs for this action and all obligations and
disputes arising from it.
NOW, THEREFORE, the Court, finding that no reason exists for delay,
hereby directs the Clerk to enter this Final Judgment, pursuant to Federal Rule of
Civil Procedure 58, forthwith.
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DATED: March 11, 2015
JOHN A. KRONSTADT
UNITED STATES DISTRICT JUDGE
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CV 13-03972-JAK (PLAx)
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FINAL JUDGMENT
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