Voluntary Return Deportation Class Action Settlement
Members of the class include all individuals who between June 1, 2009 and August 28, 2014 you agreed to return to Mexico while being detained by U.S. Border Patrol or U.S. Immigration and Customs Enforcement in Southern California and you then returned to Mexico, subject to the following restrictions:
All Individuals who returned to Mexico pursuant to a Qualifying Voluntary Return, and who are described in both paragraphs (a) and (b) of this section:
Based on the facts as they existed at the time of his or her Qualifying Voluntary Return, the Individual:
Last entered the United States with inspection prior to his or her Qualifying Voluntary Return and satisfied the non-discretionary criteria for submitting an approvable application to adjust status under 8 U.S.C. § 1255(a), based on a bona fide immediate relative relationship defined in 8 U.S.C. § 1151(b)(2)(A)(i);
Was the beneficiary of a properly filed Form I-130 Petition for Alien Relative based on a bona fide family relationship, which was pending or approved at the time of the Qualifying Voluntary Return;
Satisfied the non-discretionary criteria to apply for cancellation of removal under 8 U.S.C. § 1229b; or
His or her Qualifying Voluntary Return occurred on or after June 15, 2012, and at that time he or she satisfied the bulleted criteria for consideration for Deferred Action for Childhood Arrivals (“DACA”) listed on page one of the June 15, 2012 memorandum from former Secretary of Homeland Security Janet Napolitano; and
At the time of application for class membership, the Individual:
Is physically present within Mexico; and
Is inadmissible under 8 U.S.C. § 1182(a)(9)(B), due to his or her Qualifying Voluntary Return, except that this requirement does not apply to an Individual seeking recognition as a Class Member under Paragraph (a)(i) above.
The term “Qualifying Voluntary Return” means any Voluntary Return that occurred within the Relevant Area during the period starting June 1, 2009, and ending on August 28, 2014. The term “Voluntary Return” means the process by which an Individual in the custody of ICE or Border Patrol admits being unlawfully present in the United States, and returns to his or her country of citizenship or nationality under 8 U.S.C. § 1229c(a), in lieu of formal removal proceedings. This term does not include voluntary departure granted by an immigration judge during or at the conclusion of formal removal proceedings. The term “Relevant Area” means the geographic area covered by Border Patrol’s San Diego Sector and ICE’s San Diego and Los Angeles Field Offices.
Eligibility to return to the United States subject to certain restrictions
Proof of Purchase
This is not a purchase-based settlement class members must apply
Lopez-Venegas v. Johnson,
Case No. 13-cv-03972
U.S. District Court for the Central District of California
The class action alleges that the defendants failed to disclose the consequences of accepting the conditions of Voluntary Return and failed to provide non-citizens with access to legal representation while they decided whether or not they needed to agree to Voluntary Return.
It is estimated that the window to apply will run from June 9, 2015 through Dec. 6, 2015.