Maldonado Bautista v. Santacruz
On November 25, the district court in Maldonado Bautista granted nationwide class certification and partial summary judgment on behalf of the class, rejecting Matter of Yajure Hurtado and the predecessor ICE policy applying 235(b)(2)(A) detention without bond to all persons who entered without admission/inspection. Class members across the country now have a binding judgment declaring they are detained under INA 236, and are entitled to be considered for release on bond.
Practice AdvisoryMaldonado Habeas Template
Order Granting Partial Summary Judgment
Order Granting Class Certification
Amended Order Granting Class Certification and Summary Judgment
Final Judgment
Order Granting the Motion to Reconsider
December 22 Press Release
Garcia Perez Settlement Agreement
On September 26, 2024, the U.S. District Court for the Western District of Washington approved the settlement agreement in Garcia Perez v. USCIS, No. 2:22-cv-00806-JHC. The settlement requires USCIS and EOIR to provide mechanisms that (1) notify asylum applicants about how many days are on their "Asylum EAD Clock" for work permit purposes and (2) allow asylum applicants to challenge clock stoppages. The settlement also provides specific relief to three subclasses regarding certain government policies to ensure the Asylum EAD clocks of those individuals do not stop or restart.
Settlement AgreementClass Notice
Aviso de Demanda Colectiva (Spanish)
Frequently Asked Questions
Settlement Webinar Slides
Padilla v. ICE
The U.S. District Court for the Western District of Washington has approved a settlement agreement regarding certain class members in Padilla v. Immigration and Customs Enforcement, No. 2:18-cv-00928-MJP (W.D. Wash.). The agreement guarantees that individuals who arrive at or enter the United States and express a fear of return to their country of origin must receive a credible fear interview (CFI) within 60 days of being referred for the interview. If the government does not abide by the timeline, then individuals must be placed into removal proceedings under 8 U.S.C. § 1229a, where they can apply for asylum and other relief.
Settlement AgreementClass Notice
Practice Alert