Osarinmwian v. Abbott et al
Filing
15
OPINION AND ORDER denying 11 Motion for Certification.(Signed by Magistrate Judge B. Janice Ellington) Parties notified.(amireles, )
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
IMADE ANTHONY OSARINMWIAN,
Plaintiff,
VS.
GREG ABBOTT, et al,
Defendants.
§
§
§
§
§
§
§
§
CIVIL ACTION NO. C-12-266
OPINION AND ORDER DENYING MOTION FOR CERTIFICATION
Plaintiff filed this lawsuit pursuant to 42 U.S.C.§ 1983, alleging that officials at
TDCJ’s Garza West Unit in Beeville were deliberately indifferent to his serious medical
needs by refusing him medical treatment and injecting chemicals in his food. He has
been granted leave to proceed in forma pauperis and an evidentiary hearing will be
scheduled during October. Plaintiff is presently in the custody of the Immigration
authorities in Gadsden, Alabama, and has moved this court for a certification, pursuant to
8 CFR 214.14, that he is a victim of a crime and eligible for issuance of a U-1 nonimmigrant VISA (D.E. 11).
The United States Customs and Immigration Service (USCIS) has exclusive
authority over petitions for U immigration status. 8 CFR 214.14(c). Plaintiff must
include in his petition a certification from a law enforcement agency or state or federal
judge that he is a victim of a designated crime. 8CFR 214.14(c)(2). Plaintiff’s
uncorroborated allegations in this lawsuit seeking monetary damages are insufficient to
warrant issuance of the certification he seeks. This case is in its early stages, and there
1/2
has been no screening of the case pursuant to 28 U.S.C. § 1915, no service of process on
defendants, no opportunity by defendants to respond to plaintiff’s allegations, and no
finding by a jury or court that the events plaintiff complains of actually occurred, or even
if such events occurred, no finding as to whether the events would qualify for
certification pursuant to the regulation.
If plaintiff is the victim of criminal activity violating state law and occurring in
Beeville, Texas, plaintiff should contact local law enforcement in the Beeville area to file
his complaint. If plaintiff has been the victim of criminal activity violating federal law,
plaintiff should contact the Corpus Christi office of the Federal Bureau of Investigation.
Those law enforcement agencies qualify as appropriate entities to provide a certification
to USCIS, if in the opinion of the agency officials, plaintiff is the victim of qualifying
criminal activity. 8 CFR 214.14(a).
Plaintiff’s allegations in this civil lawsuit are not sufficient to trigger any
obligation on the part of this court to issue a certification in support of plaintiff’s nonimmigrant VISA application. Accordingly, plaintiff’s motion for certification (D.E.11) is
denied.
ORDERED this 13th day of September, 2012.
___________________________________
B. JANICE ELLINGTON
UNITED STATES MAGISTRATE JUDGE
2/2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?