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Immigration
Administrative Procedures Act
Immigration and Nationality Act

J.L., et al., v. Kenneth T. Cuccinelli, II, et al.

Published: Dec. 13, 2019 | Result Date: Oct. 25, 2019 |

Case number: 5:18-cv-04914-NC

Judge

Nathanael M. Cousins

Court

USDC Northern District of California


Attorneys

Plaintiff

Sirena P. Castillo
(Manatt, Phelps & Phillips LLP)

Mary T. Ross
(Public Counsel)

Bree A. Bernwanger
(Lawyers' Committee For Civil Rights)


Defendant

Lauren E. Fascett
(U.S. Dept. of Justice)

Catherine M. Reno
(U.S. Dept. of Justice)


Facts

A class of abused and neglected immigrant youth filed a class action lawsuit against the United States Citizenship and Immigration Services challenging a policy which would result in the denial of humanitarian relief to immigrant youth in California. The Plaintiffs sought declaratory and injunctive relief.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendant acted unlawfully because its policy would result in the denial of Special Immigrant Juvenile Status to plaintiffs and was predicated on reasoning unsupported by the law. Specifically, plaintiffs contended they would be denied Special Immigrant Juvenile status because defendants determined that California probate court was not qualified to make factual determinations related to juvenile abuse.

DEFENDANT'S CONTENTIONS: Defendant contended its actions were lawful, proper, and expressly authorized by the statute.

Result

The parties agreed to settle. Defendant agreed not to apply the challenged policy and agreed to a swift timeline of adjudications for the class members' Petitions for Special Immigrant Juvenile Status.


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