Opinion
2:22-cv-00806-JHC
07-29-2024
Bianey GARCIA PEREZ, Maria MARTINEZ CASTRO, J.M.Z., Alexander MARTINEZ HERNANDEZ, on behalf of themselves as individuals and on behalf of others similarly situated, Plaintiffs, v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES; Ur JADDOU, Director, U.S. Citizenship and Immigration Services; EXECUTIVE OFFICE FOR IMMIGRATION REVIEW; Mary CHENG, Acting Director, Executive Office for Immigration Review, Defendants.
ORDER GRANTING JOINT MOTION FOR CLASS CERTIFICATION FOR SETTLEMENT PURPOSES ONLY
John H. Chun, United States District Judge
Upon consideration of the Parties' Joint Motion for Class Certification (Dkt. # 72), Settlement Agreement, and previously filed documents in support of the Motion for Class Certification (Dkt. # 2), and pursuant to Rules 23(a), 23(b)(2), and 23(g) of the Federal Rules of Civil Procedure, the Court certifies the following class and subclasses, and appoints the following as class counsel:
Class: All noncitizens in the United States who have filed or will file with USCIS or EOIR a complete Asylum Application and who would be eligible for
employment authorization under 8 C.F.R. 274a.12(c)(8) but for the fact that their Asylum EAD Clock was stopped or not started prior to 180 days after the date the noncitizen filed a complete Asylum Application.
1. Remand Subclass: “Remand Subclass” means: Class members whose Asylum EAD Clocks were or will be stopped following a decision by an Immigration Judge and whose Asylum EAD Clocks are not or will not be started or restarted following an appeal in which either the BIA or a federal court of appeals remands their case for further adjudication of their asylum and/or withholding of removal claims.
2. Unaccompanied Children Subclass: “Unaccompanied Children Subclass” means: Class members in removal proceedings who are unaccompanied children (“UCs”) pursuant to 6 U.S.C. § 279(g) and whose Asylum EAD Clocks are not started or will be stopped while waiting for USCIS to adjudicate the filed Asylum Application.
3. Change of Venue Subclass: “Change of Venue Subclass” means: Class Members in removal proceedings whose removal proceedings have been or will be transferred to a different Immigration Court through a granted change of venue motion, and for whom EOIR has stopped or will stop the Asylum EAD Clock based solely on the change of venue.
Class Counsel:
Matt Adams Leila Kang Aaron Korthuis Northwest Immigrant Rights Project 615 2nd Ave Ste 400 Seattle, WA 98104
Trina Realmuto Mary Kenney Kristin Macleod-Ball National Immigration Litigation Alliance 10 Griggs Terrace Brookline, MA 02446