Wednesday, March 4, 2015

Lopez-Venegas V Johnson Salida Voluntaria Acuerdo Settlement

If you are a Class Member, you can apply to return to the United States by participating in the Lopez-Venegas v. Johnson Settlement at www.SalidaVoluntariaAcuerdo.com.
Lopez-Venegas v. Johnson Settlement
A settlement has been declared recently in a class action lawsuit named Lopez-Venegas V. Johnson Settlement. The settlement is actually about the Voluntary Return in Southern California. The settlement involves the administration of the Voluntary Return authority by immigration enforcement agencies. Those who are not U.S. citizens and are living in United States illegally may agree to leave the country by signing a document and do so without seeing a judge.

The plaintiffs in this settlement filed the class action lawsuit looking for a statement that their returns to Mexico were illegal. Plus an order that they be returned to the U.S. in the legal position they were in before returning to Mexico.

The plaintiffs vie that Voluntary Return abuses their rights under the statutes and regulations. Defendants disagree that they have done anything incorrect or illegal. But, both sides agreed to a Settlement to avoid the cost of a trial.

Who is Eligible?

If you are the one who meets the following conditions, you are a class member of the settlement.
All Individuals who returned to Mexico subsequent to a Qualifying Voluntary Return and who:
  • Last entered the U.S. with inspection earlier to his/her Qualifying Voluntary Return and satisfied the non-discretionary criteria for submitting an approvable request to amend status under 8 U.S.C. § 1255(a), based on a genuine immediate relative relationship
  • Was the receiver of an appropriately filed Form I-130 Petition for Alien Relative based on a valid family relationship which was pending or approved at the time of the Qualifying Voluntary Return
  • Contented the restricted criteria to apply for termination of removal under 8 U.S.C. § 1229b, or
  • His or her Qualifying Voluntary Return happened on or after 6/15/2012, and at that time he/she satisfied the bulleted criteria for deliberation for DACA listed on page 1 of the 6/15/2012 memorandum from Janet Napolitano who is the former Secretary of Homeland Security; and
At the time of application for class membership, the person:
  • Must be present in Mexico; and
  • Is prohibited under 8 U.S.C. § 1182(a)(9)(B), due to his/her Qualifying Voluntary Return, except that this requirement does not apply to an Individual seeking identification as a Class Member describe above.
Request Permission to Return to the United States

If you are a Class Member and want to be eligible to return to U.S, then you must fill out the form indicating your status as a Class Member.

This case has not received final approval from the Court. So if the court grants final approval, you will be able to move forward with this case. You can check the website www.SalidaVoluntariaAcuerdo.com for the further updates.

Benefits from the Settlement

Class Members who complete an application process will be eligible to return to the United States (dependent on certain restrictions).

Highlights of Lopez-Venegas v. Johnson Settlement

Official Website: www.SalidaVoluntariaAcuerdo.com
Class Notice: www.SalidaVoluntariaAcuerdo.com
Claim Form Deadline: The time period for submitting applications will run from June 9, 2015 until Dec 6, 2015
Final Hearing: February 9, 2015

Claims Administrator
Lopez-Venegas Settlement Administrator
c/o Dahl Administration
P.O. Box 3614
Minneapolis, MN 55403-0614

Class Counsel
ACLU OF SAN DIEGO & IMPERIAL COUNTIES
ACLU OF SOUTHERN CALIFORNIA
ACLU IMMIGRANTS’ RIGHTS PROJECT
COOLEY LLP

Defense Counsel
Jeffrey S. Robins
U.S. DEPARTMENT OF JUSTICE, OFFICE OF IMMIGRATION LITIGATION

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