Case: Pantoja−Castillo v. Chertoff

7:07-cv-00204 | U.S. District Court for the Southern District of Texas

Filed Date: Aug. 2, 2007

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On August 2, 2007, a lawful permanent resident filed a lawsuit in the U.S. District Court for the Southern District of Texas against the United States Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS )challenging their failure to provide documentation of residency. The plaintiff alleged that defendants imposed unlawful demands on her attempt to renew her green card. She claimed this practice deprived her of her liberty and violated the Immigration and Na…

On August 2, 2007, a lawful permanent resident filed a lawsuit in the U.S. District Court for the Southern District of Texas against the United States Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS )challenging their failure to provide documentation of residency. The plaintiff alleged that defendants imposed unlawful demands on her attempt to renew her green card. She claimed this practice deprived her of her liberty and violated the Immigration and Nationality Act (8 USC 1304(d) and 8 USC 1229a(c)(3)) and related regulations. The complaint sought habeas, mandamus, injunctive, and declaratory relief.

In the first amended complaint, another plaintiff was added and the plaintiffs sought class certification. The plaintiffs, represented by private counsel, were long-term lawful permanent residents (LPRs) with expired or missing registration cards (I-551s). They sought to renew or replace their I-551s by filing I-90s and complying with USCIS's application requirements. They alleged that USCIS had converted the process by which new green cards are issued into an enforcement procedure. Rather than provide plaintiffs with evidence of their LPR status, defendants interrogated the plaintiffs about past criminal conduct and/or old deportation proceedings and ordered plaintiffs to produce documents.

On August 29, 2008, the parties came to a settlement agreement, and the court (Judge Randy Crane) dismissed the case on September 4, 2008. In the settlement, defendants agreed to pay $7,500 in attorneys fees. The parties agreed that with respect to the three named plaintiffs and interveners that defendants had satisfied all issues in the Second Amended Complaint and were making a good faith effort to resolve such issues with respect to member of the putative class. Plaintiffs agreed to dismiss their complaint and withdraw their motion for class certification.

Summary Authors

Jennifer Bronson (11/10/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14177830/parties/pantoja-castillo-v-chertoff/


Judge(s)

Crane, Randy (Texas)

Attorney for Plaintiff

Brodyaga, Lisa S. (Texas)

Suarez, Flor M. (District of Columbia)

Attorney for Defendant

Benavides, Reno Carlo (Texas)

Rizer, Arthur J. (District of Columbia)

Documents in the Clearinghouse

Documents in this case

7:07-cv-00204

Docket [PACER]

Jan. 5, 2011

Jan. 5, 2011

Docket
1

7:07-cv-00204

Petition for Writ of Habeas Corpus, Writ of Mandamus, and Complaint for Declaratory and Injunctive Relief

Pantoja-Castillo v. Sanchez

Aug. 2, 2007

Aug. 2, 2007

Pleading / Motion / Brief
50-2

7:07-cv-00204

Second Amended Petition for Writ of Habeas Corpus, and Writ of Mandamus, and Class Action Complaint For Declaratory and Injunctive Relief

Rodriguez-Padilla v. Sanchez

Jan. 21, 2008

Jan. 21, 2008

Pleading / Motion / Brief
83-1

7:07-cv-00204

Settlement Agreement

Pantoja-Castillo v. Sanchez

Aug. 29, 2008

Aug. 29, 2008

Settlement Agreement
90

7:07-cv-00204

Order Granting Joint Motion to Dismiss with to Dismiss with Prejudice

Pantajo-Castillo v. Chertoff

Jan. 5, 2011

Jan. 5, 2011

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14177830/pantoja-castillo-v-chertoff/

Last updated March 29, 2026, 4:20 a.m.

ECF Number Date Description Link
1 Aug. 2, 2007

PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number 2910598) filed by Elias Pantoja-Castillo. (Attachments: # 1 Exhibit # 2 Summonses)(Brodyaga, Elisabeth) (Entered: 08/02/2007)

Clearinghouse
2 Aug. 2, 2007

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/3/2007 at 09:30 AM before Judge Randy Crane. Parties notified.(mzamarripa, ) (Entered: 08/02/2007)

RECAP
Aug. 2, 2007

Summons Issued as to Michael Chertoff, Secretary DHS; Dora J. Sanchez, acting DD; U.S. Attorney, civil processing; Alberto Gonzales, United States Of America.(mzamarripa, )

3 Aug. 17, 2007

First AMENDED Complaint against Michael Chertoff, Dora J. Sanchez, United States Of America filed by Benedictor Diaz-Resendez, Carlos Romero-Salazar. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(Brodyaga, Elisabeth) (Entered: 08/17/2007)

RECAP
4 Sept. 19, 2007

CERTIFICATE OF INTERESTED PARTIES by Pantoja, Diaz & Romero, filed.(Brodyaga, Elisabeth) (Entered: 09/19/2007)

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5 Sept. 20, 2007

RETURN of Service of SUMMONS Executed as to Michael Chertoff served on 8/30/2007, answer due 10/29/2007, filed.(Brodyaga, Elisabeth) (Entered: 09/20/2007)

RECAP
6 Sept. 20, 2007

RETURN of Service Executed as to Dora J. Sanchez on 08/27/07 re: Answer date is 10/26/07 summons, filed.(Brodyaga, Elisabeth) Modified on 9/20/2007 (ncavazos, ). (Entered: 09/20/2007)

RECAP
7 Sept. 20, 2007

RETURN of Service Executed as to United States of America on 08/21/07 re: Answer deadline 10/20/07 summons, filed.(Brodyaga, Elisabeth) Modified on 9/20/2007 (ncavazos, ). (Entered: 09/20/2007)

RECAP
8 Sept. 21, 2007

MOTION to Certify Class by Benedictor Diaz-Resendez, Carlos Romero-Salazar, Elias Pantoja-Castillo, filed. Motion Docket Date 10/11/2007. (Attachments: # 1 Affidavit # 2 Proposed Order)(Brodyaga, Elisabeth) (Entered: 09/21/2007)

RECAP
9 Sept. 24, 2007

Unopposed MOTION for Arthur Rizer to Appear Pro Hac Vice by Michael Chertoff, Dora J. Sanchez, United States Of America, filed. Motion Docket Date 10/15/2007. (Attachments: # 1 Proposed Order)(Benavides, Rene) (Entered: 09/24/2007)

RECAP
10 Sept. 24, 2007

Unopposed MOTION to Abate by Michael Chertoff, Dora J. Sanchez, United States Of America, filed. Motion Docket Date 10/15/2007. (Attachments: # 1 Proposed Order)(Benavides, Rene) (Entered: 09/24/2007)

RECAP
11 Sept. 24, 2007

Opposed MOTION to Intervene by Jorge Jimenez-Godinez, Benedictor Diaz-Resendez, Carlos Romero-Salazar, Elias Pantoja-Castillo, filed. Motion Docket Date 10/15/2007. (Attachments: # 1 Proposed Order)(Brodyaga, Elisabeth) (Entered: 09/24/2007)

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12 Sept. 25, 2007

CERTIFICATE OF INTERESTED PARTIES by Respondents, filed.(Benavides, Rene) (Entered: 09/25/2007)

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13 Sept. 27, 2007

SEALED EXHIBITS, filed.(Brodyaga, Elisabeth) (Entered: 09/27/2007)

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14 Sept. 27, 2007

ORDER granting 10 Motion to Suspend Joint Discovery Requirements.( Signed by Judge Randy Crane ) Parties notified.(bgarces, ) (Entered: 09/28/2007)

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15 Sept. 27, 2007

ORDER granting 9 Unopposed MOTION for Arthur Rizer to Appear Pro Hac Vice, Attorney Arthur Rizer for Michael Chertoff and Dora J. Sanchez added.( Signed by Judge Randy Crane ) Parties notified.(bgarces, ) (Entered: 09/28/2007)

RECAP
16 Sept. 28, 2007

MOTION to Dismiss Petitioners' Case by Michael Chertoff, Dora J. Sanchez, United States Of America, filed. Motion Docket Date 10/18/2007. (Attachments: # 1 Proposed Order)(Benavides, Rene) (Entered: 09/28/2007)

RECAP
17 Sept. 28, 2007

Opposed MOTION for Extension of Time to File Opposition to Plaintiff' Motion for Class Certification by Michael Chertoff, Dora J. Sanchez, United States Of America, filed. Motion Docket Date 10/18/2007. (Attachments: # 1 Proposed Order)(Benavides, Rene) (Entered: 09/28/2007)

RECAP
18 Sept. 29, 2007

RESPONSE in Opposition to 17 Opposed MOTION for Extension of Time to File Opposition to Plaintiff' Motion for Class Certification, filed by Benedictor Diaz-Resendez, Carlos Romero-Salazar, Elias Pantoja-Castillo, Jorge Jimenez-Godinez. (Attachments: # 1 Proposed Order)(Brodyaga, Elisabeth) (Entered: 09/29/2007)

RECAP
19 Sept. 30, 2007

RESPONSE in Opposition to 16 MOTION to Dismiss Petitioners' Case, filed by Benedictor Diaz-Resendez, Carlos Romero-Salazar, Elias Pantoja-Castillo, Jorge Jimenez-Godinez. (Attachments: # 1 Proposed Order)(Brodyaga, Elisabeth) (Entered: 09/30/2007)

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20 Oct. 2, 2007

AFFIDAVIT of Rincones re: 16 MOTION to Dismiss Petitioners' Case, filed.(Benavides, Rene) (Entered: 10/02/2007)

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21 Oct. 3, 2007

ORDER: Motions Hearing set for 11/7/2007 at 10:00 AM before Judge Randy Crane.( Signed by Judge Randy Crane ) Parties notified.(bgarces, ) (Entered: 10/03/2007)

RECAP
Oct. 3, 2007

Minute Entry for proceedings held before Judge Randy Crane. Initial PRETRIAL and SCHEDULING CONFERENCE held on 10/3/2007. The Court addressed counsel re: pending motions. The Court will set a hearing on the issue of mootness and if necessary, allow the intervention of another named plaintiff and also allow time for briefing. The Court will issue an order setting a hearing on pending motions for 11/07/2007 at 10:00 A.M. Appearances: Elisabeth Lisa S. Brodyaga; Rene C. Benavides, AUSA.(ERO:Richard Cortez [10:10-10:16]), filed.(lcervantes)

22 Oct. 15, 2007

RESPONSE in Opposition to 11 Opposed MOTION to Intervene, filed by Michael Chertoff, Dora J. Sanchez, United States Of America. (Attachments: # 1 Affidavit)(Benavides, Rene) (Entered: 10/15/2007)

RECAP
23 Oct. 16, 2007

Opposed MOTION to Intervene by Guillermo Cisneros-Flores, Benedictor Diaz-Resendez, Carlos Romero-Salazar, Elias Pantoja-Castillo, Jorge Jimenez-Godinez, filed. Motion Docket Date 11/5/2007. (Attachments: # 1 Proposed Order)(Brodyaga, Elisabeth) (Entered: 10/16/2007)

RECAP
24 Oct. 16, 2007

SEALED EXHIBITS, filed. (Brodyaga, Elisabeth) (Entered: 10/16/2007)

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25 Oct. 17, 2007

SEALED EXHIBITS, filed. (Brodyaga, Elisabeth) (Entered: 10/17/2007)

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26 Oct. 17, 2007

SEALED EXHIBITS, filed. (Brodyaga, Elisabeth) (Entered: 10/17/2007)

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27 Oct. 22, 2007

REPLY to 16 MOTION to Dismiss Petitioners' Case, filed by Michael Chertoff, Dora J. Sanchez, United States Of America. (Benavides, Rene) (Entered: 10/22/2007)

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28 Nov. 9, 2007

Opposed MOTION to Intervene by Benedictor Diaz-Resendez, Carlos Romero-Salazar, Elias Pantoja-Castillo, Jorge Jimenez-Godinez, Guillermo Cisneros-Flores, Enedelio Solis-Rodriguez, Margarito S Gomez, filed. Motion Docket Date 11/29/2007. (Attachments: # 1 Proposed Order)(Brodyaga, Elisabeth) (Entered: 11/09/2007)

RECAP
29 Nov. 19, 2007

RESPONSE in Opposition to 28 Opposed MOTION to Intervene, filed by Michael Chertoff, Dora J. Sanchez. (Benavides, Rene) (Entered: 11/19/2007)

RECAP
30 Dec. 7, 2007

Sealed Event, filed. (Entered: 12/07/2007)

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31 Dec. 7, 2007

ORDER granting 11, 28, 23 Motions to Intervene; and granting 16 Motion to Dismiss Claims of Plaintiff/Petitioner Pantoja; Diaz and Salazar.( Signed by Judge Randy Crane ) Parties notified.(bgarces, ) (Entered: 12/07/2007)

RECAP
32 Dec. 7, 2007

Sealed Event, filed. (Entered: 12/07/2007)

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33 Dec. 7, 2007

Opposed MOTION to Intervene by Guadalupe Arguello-Hernandez, filed. Motion Docket Date 12/27/2007. (Attachments: # 1 Proposed Order)(Brodyaga, Elisabeth) Filer corrected on 12/10/2007 (ltien, ). (Entered: 12/07/2007)

RECAP
Dec. 7, 2007

*** Party Carlos Romero-Salazar; Benedictor Diaz-Resendez and Elias Pantoja-Castillo terminated. (bgarces, )

34 Dec. 24, 2007

Sealed Event, filed. (Entered: 12/24/2007)

RECAP
35 Dec. 27, 2007

Unopposed MOTION for Extension of Time To Respond To Plaintiff's Motion to Intervene by Michael Chertoff, Dora J. Sanchez, United States Of America, filed. Motion Docket Date 1/16/2008. (Attachments: # 1 Proposed Order)(Benavides, Rene) (Entered: 12/27/2007)

RECAP
36 Dec. 27, 2007

RESPONSE to 35 Unopposed MOTION for Extension of Time To Respond To Plaintiff's Motion to Intervene, filed by Guadalupe Arguello-Hernandez, Jorge Jimenez-Godinez, Guillermo Cisneros-Flores, Enedelio Solis-Rodriguez, Margarito S Gomez. (Brodyaga, Elisabeth) (Entered: 12/27/2007)

RECAP
37 Jan. 3, 2008

ORDER granting 35 Defendant's Motion to Extend Time to Respond to the Motion to Intervene. Deadline to respond to plaintiff's Motion to Intervene is extended to 01/11/2008.( Signed by Judge Randy Crane ) Parties notified.(mzamarripa, ) (Entered: 01/03/2008)

RECAP
38 Jan. 8, 2008

EXHIBITS re: 8 MOTION to Certify Class by Guadalupe Arguello-Hernandez, Jorge Jimenez-Godinez, Guillermo Cisneros-Flores, Enedelio Solis-Rodriguez, Margarito S Gomez, filed.(Brodyaga, Elisabeth) (Entered: 01/08/2008)

RECAP
39 Jan. 8, 2008

Sealed Event, filed. (Entered: 01/08/2008)

RECAP
40 Jan. 8, 2008

MOTION to Intervene by Guillermo Alonso Trejo, filed. Motion Docket Date 1/28/2008. (Attachments: # 1 Proposed Order)(Brodyaga, Elisabeth) (Entered: 01/08/2008)

RECAP
41 Jan. 9, 2008

MOTION to Dismiss by Michael Chertoff, Dora J. Sanchez, United States Of America, filed. Motion Docket Date 1/29/2008. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Proposed Order)(Benavides, Rene) (Entered: 01/09/2008)

RECAP
42 Jan. 9, 2008

RESPONSE in Opposition to 40 MOTION to Intervene, filed by Michael Chertoff, Dora J. Sanchez, United States Of America. (Attachments: # 1 Affidavit # 2 Exhibit)(Benavides, Rene) (Entered: 01/09/2008)

RECAP
43 Jan. 9, 2008

Sealed Event, filed. (Entered: 01/09/2008)

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44 Jan. 9, 2008

ORDER SETTING STATUS CONFERENCE: Status Conference set for 1/18/2008 at 09:00 AM before Judge Randy Crane.( Signed by Judge Randy Crane ) Parties notified.(mzamarripa, ) (Entered: 01/09/2008)

RECAP
45 Jan. 10, 2008

Sealed Event, filed. (Entered: 01/10/2008)

RECAP
46 Jan. 10, 2008

Opposed MOTION to Intervene by Jose Jesus Rodriguez-Padilla, filed. Motion Docket Date 1/30/2008. (Attachments: # 1 Proposed Order)(Brodyaga, Elisabeth) (Entered: 01/10/2008)

RECAP
47 Jan. 18, 2008

ORDER SETTING STATUS CONFERENCE Status Conference set for 2/15/2008 at 09:30 AM before Judge Randy Crane.( Signed by Judge Randy Crane ) Parties notified.(bgarces, ) (Entered: 01/18/2008)

RECAP
Jan. 18, 2008

Minute Entry for proceedings held before Judge Randy Crane. STATUS CONFERENCE held on 1/18/2008. The Court addressed counsel and their positions. The Court granted 46 Opposed MOTION to Intervene, and 41 MOTION to Dismiss; denied 33 Opposed MOTION to Intervene, and 40 MOTION to Intervene. This case is still active and live. The Court will allow plaintiff's counsel to amend the petition and file an unopposed motion to amend. The Court will issue an order setting a status conference for February 15, 2008 at 9:30 A.M. If necessary, counsel may file a motion for continuance. Appearances: Elisabeth Lisa S. Brodyaga; Rene C. Benavides, AUSA.(ERO:Richard Cortez [10:13-10:28]), filed.(lcervantes)

48 Jan. 20, 2008

EXHIBITS by Jose Jesus Rodriguez-Padilla, filed.(Brodyaga, Elisabeth) (Entered: 01/20/2008)

RECAP
49 Jan. 20, 2008

Sealed Event, filed. (Entered: 01/20/2008)

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50 Jan. 21, 2008

Unopposed MOTION to Amend by Guadalupe Gonzalez-Mora, Reynaldo Ozuna-Villareal, Jose Jesus Rodriguez-Padilla, filed. Motion Docket Date 2/11/2008. (Attachments: # 1 Proposed Order # 2 Complaint)(Brodyaga, Elisabeth) (Entered: 01/21/2008)

RECAP
51 Jan. 21, 2008

Amended MOTION to Certify Class by Jose Jesus Rodriguez-Padilla, Guadalupe Gonzalez-Mora, Reynaldo Ozuna-Villareal, filed. Motion Docket Date 2/11/2008. (Attachments: # 1 Proposed Order)(Brodyaga, Elisabeth) (Entered: 01/21/2008)

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52 Jan. 30, 2008

ORDER granting 50 Motion for Leave to File Second Amended Petition.( Signed by Judge Randy Crane ) Parties notified.(bgarces, ) (Entered: 01/31/2008)

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53 Feb. 4, 2008

Unopposed MOTION for Extension of Time to Respond to Amended Complaint by Michael Chertoff, Dora J. Sanchez, United States Of America, filed. Motion Docket Date 2/25/2008. (Benavides, Rene) (Entered: 02/04/2008)

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54 Feb. 5, 2008

PROPOSED ORDER re: 53 Unopposed MOTION for Extension of Time to Respond to Amended Complaint, filed.(Benavides, Rene) (Entered: 02/05/2008)

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55 Feb. 7, 2008

ORDER granting 53 Defendant's Motion to Extend Time to Respond to the Amended Complaint.( Signed by Judge Randy Crane ) Parties notified.(mzamarripa, ) (Entered: 02/07/2008)

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56 Feb. 11, 2008

Unopposed MOTION for Extension of Time to respond to Amended Complaint and Continue Hearing by Michael Chertoff, Dora J. Sanchez, United States Of America, filed. Motion Docket Date 3/3/2008. (Attachments: # 1 Exhibit # 2 Proposed Order)(Benavides, Rene) (Entered: 02/11/2008)

RECAP
57 Feb. 12, 2008

ORDER RESETTING STATUS CONFERENCE: Status Conference reset for 4/18/2008 at 09:30 AM before Judge Randy Crane.( Signed by Judge Randy Crane ) Parties notified.(bgarces, ) (Entered: 02/12/2008)

RECAP
58 Feb. 22, 2008

ORDER granting 56 Defendants' Second Motion to Extend Time to Respond to Plaintiffs' Second Amended Complaint. Response to Plaintiffs' Amended Complaint is extended and now due on 3/11/2008.( Signed by Judge Randy Crane ) Parties notified.(mzamarripa, ) (Entered: 02/22/2008)

RECAP
59 March 7, 2008

Unopposed MOTION for Extension of Time to Respond to Second Amended Complaint by Michael Chertoff, Dora J. Sanchez, United States Of America, filed. Motion Docket Date 3/27/2008. (Attachments: # 1 Proposed Order)(Benavides, Rene) (Entered: 03/07/2008)

RECAP
60 March 7, 2008

ORDER granting 59 Defendants' Third Uncontested Motion to Extend the Time to Respond to the Plaintiffs' Second Amended Complaint. Defendant's deadline to respond is extended to 4/16/08. ( Signed by Judge Randy Crane ) Parties notified.(mzamarripa, ) (Entered: 03/07/2008)

RECAP
61 March 28, 2008

Sealed Event, filed. (Entered: 03/28/2008)

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62 March 28, 2008

EXHIBITS re: 51 Amended MOTION to Certify Class by Guadalupe Arguello-Hernandez, Guillermo Alonso Trejo, Jose Jesus Rodriguez-Padilla, Guadalupe Gonzalez-Mora, Jorge Jimenez-Godinez, Guillermo Cisneros-Flores, Enedelio Solis-Rodriguez, Margarito S Gomez, filed.(Brodyaga, Elisabeth) (Entered: 03/28/2008)

RECAP
63 March 28, 2008

Opposed MOTION to Intervene by Jose Montes-Moreno, filed. Motion Docket Date 4/17/2008. (Attachments: # 1 Proposed Order)(Brodyaga, Elisabeth) (Entered: 03/28/2008)

RECAP
64 March 28, 2008

MEMORANDUM in Support of Prompt Adjudication re: 51 Amended MOTION to Certify Class by Guadalupe Arguello-Hernandez, Guillermo Alonso Trejo, Jose Jesus Rodriguez-Padilla, Guadalupe Gonzalez-Mora, Reynaldo Ozuna-Villareal, Jose Montes-Moreno, Jorge Jimenez-Godinez, Guillermo Cisneros-Flores, Enedelio Solis-Rodriguez, Margarito S Gomez, filed.(Brodyaga, Elisabeth) (Entered: 03/28/2008)

RECAP
65 April 10, 2008

RESPONSE in Opposition to 63 Opposed MOTION to Intervene, filed by Michael Chertoff, Dora J. Sanchez, United States Of America. (Benavides, Rene) (Entered: 04/10/2008)

RECAP
66 April 13, 2008

Opposed MOTION to Intervene by Alfredo Leyva, filed. Motion Docket Date 5/5/2008. (Attachments: # 1 Proposed Order)(Brodyaga, Elisabeth) (Entered: 04/13/2008)

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67 April 13, 2008

Sealed Event, filed. (Entered: 04/13/2008)

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68 April 14, 2008

Sealed Event, filed. (Entered: 04/14/2008)

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69 April 14, 2008

Opposed MOTION to Intervene by Francisco Ronce-Benavides, filed. Motion Docket Date 5/5/2008. (Attachments: # 1 Proposed Order)(Brodyaga, Elisabeth) (Entered: 04/14/2008)

RECAP
70 April 14, 2008

BRIEF In Support of Claim That Motion Is Ripe re: 51 Amended MOTION to Certify Class by Guadalupe Arguello-Hernandez, Guillermo Alonso Trejo, Jose Jesus Rodriguez-Padilla, Guadalupe Gonzalez-Mora, Reynaldo Ozuna-Villareal, Jose Montes-Moreno, Alfredo Leyva, Francisco Ronce-Benavides, Jorge Jimenez-Godinez, Guillermo Cisneros-Flores, Enedelio Solis-Rodriguez, Margarito S Gomez, filed.(Brodyaga, Elisabeth) (Entered: 04/14/2008)

RECAP
71 April 16, 2008

MOTION to Dismiss Second Amended Complaint by Michael Chertoff, Dora J. Sanchez, United States Of America, filed. Motion Docket Date 5/6/2008. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Proposed Order)(Benavides, Rene) (Entered: 04/16/2008)

RECAP
72 April 16, 2008

RESPONSE in Opposition to 63 Opposed MOTION to Intervene, 66 Opposed MOTION to Intervene, 69 Opposed MOTION to Intervene, filed by Michael Chertoff, Dora J. Sanchez, United States Of America. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Proposed Order)(Benavides, Rene) (Entered: 04/16/2008)

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73 April 17, 2008

Sealed Event, filed. (Entered: 04/17/2008)

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74 April 17, 2008

Opposed MOTION to Intervene by Julian Alvarado-Chavez, Guadalupe Arguello-Hernandez, Guillermo Alonso Trejo, Jose Jesus Rodriguez-Padilla, Guadalupe Gonzalez-Mora, Reynaldo Ozuna-Villareal, Jose Montes-Moreno, Alfredo Leyva, Francisco Ronce-Benavides, Jorge Jimenez-Godinez, Guillermo Cisneros-Flores, Enedelio Solis-Rodriguez, Margarito S Gomez, filed. Motion Docket Date 5/7/2008. (Attachments: # 1 Proposed Order)(Brodyaga, Elisabeth) (Entered: 04/17/2008)

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75 April 17, 2008

Sealed Event, filed. (Entered: 04/17/2008)

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76 April 17, 2008

RESPONSE in Opposition to 71 MOTION to Dismiss Second Amended Complaint, filed by Guadalupe Arguello-Hernandez, Guillermo Alonso Trejo, Jose Jesus Rodriguez-Padilla, Guadalupe Gonzalez-Mora, Reynaldo Ozuna-Villareal, Jose Montes-Moreno, Alfredo Leyva, Francisco Ronce-Benavides, Julian Alvarado-Chavez, Jorge Jimenez-Godinez, Guillermo Cisneros-Flores, Enedelio Solis-Rodriguez, Margarito S Gomez. (Attachments: # 1 Proposed Order)(Brodyaga, Elisabeth) (Entered: 04/17/2008)

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77 April 18, 2008

EXHIBITS re: 71 MOTION to Dismiss Second Amended Complaint by Michael Chertoff, Dora J. Sanchez, United States Of America, filed.(Benavides, Rene) (Entered: 04/18/2008)

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78 April 18, 2008

ORDER RESETTING STATUS CONFERENCE: Status Conference set for 6/20/2008 at 09:30 AM before Judge Randy Crane.( Signed by Judge Randy Crane ) Parties notified.(mzamarripa, ) (Entered: 04/18/2008)

RECAP
April 18, 2008

Minute Entry for proceedings held before Judge Randy Crane. STATUS CONFERENCE held on 4/18/2008. Parties announced to the Court that they are close to a possible settlement and requested this case be reset. Without objections, the Court reset this case to Friday, June 20, 2008 @ 9:30 am. Appearances: Rene Carlo Benavides, Elisabeth Lisa S Brodyaga, Arthur Rizer.(ERO:Richard Cortez [11:09-11:11]), filed.(bgarces/lc)

79 May 22, 2008

AFFIDAVIT of Tracy Renauld re: 71 MOTION to Dismiss Second Amended Complaint, filed.(Benavides, Rene) (Entered: 05/22/2008)

RECAP
80 June 19, 2008

Joint MOTION for Extension of Time Reschedule June 20, 2008 Conference by Michael Chertoff, filed. Motion Docket Date 7/9/2008. (Attachments: # 1 Proposed Order)(Rizer, Arthur) (Entered: 06/19/2008)

RECAP
81 June 19, 2008

ORDER RESETTING STATUS CONFERENCE: granting 80 Joint MOTION for Extension of Time Reschedule June 20, 2008 Conference ( Status Conference reset for 8/15/2008 at 09:30 AM before Judge Randy Crane).(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 06/19/2008)

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June 19, 2008

ORAL ORDER CANCELLED status conference set for Friday, 06/20/2008. The Court granted the 80 Joint Motion to Reschedule, a written order resetting will be issued., Deadline terminated..(Judge Randy Crane) Parties notified.(lcervantes)

82 Aug. 15, 2008

ORDER TO SHOW CAUSE: Show Cause Hearing set for 9/5/2008 at 09:30 AM before Judge Randy Crane; terminating 51 Amended MOTION to Certify Class, 63 Opposed MOTION to Intervene, 71 MOTION to Dismiss Second Amended Complaint, 74 Opposed MOTION to Intervene, 66 Opposed MOTION to Intervene, 69 Opposed MOTION to Intervene.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 08/15/2008)

RECAP
Aug. 15, 2008

Minute Entry for proceedings held before Judge Randy Crane. STATUS CONFERENCE held on 8/15/2008. Parties announced that this case has been resolved. The Court will issue a show cause order within three weeks. Appearances:David Guerra in lieu of Rene Carlo Benavides, Elisabeth Lisa S Brodyaga.(ERO:Richard Cortez [9:58-9:59]), filed.(bgarces, )

83 Sept. 3, 2008

Unopposed MOTION to Dismiss 50 Unopposed MOTION to Amend, 63 Opposed MOTION to Intervene, 51 Amended MOTION to Certify Class, 66 Opposed MOTION to Intervene, 69 Opposed MOTION to Intervene by Guadalupe Gonzalez-Mora, Jose Montes-Moreno, Alfredo Leyva, Jorge Jimenez-Godinez, Margarito S Gomez, filed. Motion Docket Date 9/23/2008. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Brodyaga, Elisabeth) (Entered: 09/03/2008)

RECAP
84 Sept. 4, 2008

ORDER granting 83 Motion to Dismiss.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 09/05/2008)

RECAP
Sept. 4, 2008

ORAL ORDER by Judge Randy Crane: Show Cause Hearing set for 9/5/08 is cancelled until further notice. Parties notified.(bgarces, )

85 Nov. 15, 2010

MOTION for Flor M Suarez to Appear Pro Hac Vice by Michael Chertoff, Dora J. Sanchez, United States Of America, filed. Motion Docket Date 12/6/2010. (bgarces, ) (Entered: 11/15/2010)

RECAP
86 Nov. 15, 2010

RESPONSE in Opposition to 85 MOTION for Flor M Suarez to Appear Pro Hac Vice, filed by Julian Alvarado-Chavez, Guadalupe Arguello-Hernandez, Guillermo Cisneros-Flores, Margarito S Gomez, Guadalupe Gonzalez-Mora, Jorge Jimenez-Godinez, Alfredo Leyva, Jose Montes-Moreno, Reynaldo Ozuna-Villareal, Jose Jesus Rodriguez-Padilla, Francisco Ronce-Benavides, Enedelio Solis-Rodriguez, Guillermo Alonso Trejo. (Attachments: # 1 Proposed Order)(Brodyaga, Elisabeth) (Entered: 11/15/2010)

RECAP
87 Nov. 29, 2010

MOTION for Flor M. Suarez to Appear Pro Hac Vice by Michael Chertoff, Dora J. Sanchez, United States Of America, filed. Motion Docket Date 12/20/2010. (bgarces, ) (Entered: 11/29/2010)

RECAP
88 Dec. 21, 2010

ORDER granting 87 Motion for Admission Pro Hac Vice.(Signed by Judge Randy Crane) Parties notified.(rcoronado, ) (Entered: 12/21/2010)

RECAP
89 Jan. 4, 2011

Joint MOTION to Dismiss 84 Order on Motion to Dismiss, 83 Unopposed MOTION to Dismiss 50 Unopposed MOTION to Amend, 63 Opposed MOTION to Intervene, 51 Amended MOTION to Certify Class, 66 Opposed MOTION to Intervene, 69 Opposed MOTION to InterveneUnopposed MOTION to Dismiss 50 Unopposed MOTION to Amend, 63 Opposed MOTION to Intervene, 51 Amended MOTION to Certify Class, 66 Opposed MOTION to Intervene, 69 Opposed MOTION to Intervene by Michael Chertoff, Dora J. Sanchez, United States Of America, filed. Motion Docket Date 1/25/2011. (Attachments: # 1 Proposed Order)(Suarez, Flor) (Entered: 01/04/2011)

RECAP
90 Jan. 5, 2011

ORDER granting 89 Motion to Dismiss.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 01/05/2011)

RECAP

Case Details

State / Territory:

Texas

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 2, 2007

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Lawful permanent residents seeking to renew/replace their green cards.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Federal

Department of Homeland Security

U.S. Citizenship and Immigration Services

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Mandamus, 28 U.S.C. § 1361

Other Dockets:

Southern District of Texas 7:07-cv-00204

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief granted

Amount Defendant Pays: 7500

Order Duration: 2008 - 2010

Issues

Immigration/Border:

Visas - procedures

Jails, Prisons, Detention Centers, and Other Institutions:

Habeas Corpus

Recommended Citation