Chertoff
Catholic Charities CYO v. Chertoff
Opinion
Opinion
Hamilton, J.
ORDER GRANTING MOTION TO DISMISS
The motion of defendants Michael Chertoff, Secretary, U.S. Department of Homeland Security (“the Secretary”); U.S. Department of Homeland Security (“DHS”); and U.S. Citizenship and Immigration Services (“USCIS”) to dismiss the first amended complaint (“FAC”) for lack of subject matter jurisdiction and failure to state a claim came on for hearing before this court on June 25, 2008. Plaintiffs appeared by their counsel Peter A. Schey and Carlos R. Holguin, and defendants appeared by their counsel Jeffrey S. Robins. Having read the parties’ papers and carefully considered their arguments and the relevant legal authority, and good cause appearing, the court hereby GRANTS the motion.
STATUTORY AND REGULATORY BACKGROUND
With the enactment of the Victims of Trafficking and Violence Protection Act of 2000 (“VTVPA”), Congress created the “U” nonimmigrant classification (“U” visa) for victims of certain qualifying crimes. VTVPA, Pub.L. 106-386, 114 Stat. 1464 (2000), codified at §§ 101(a)(15)(U), 214(p), and 245(m) of the Immigration and Nationality Act (“INA”), 8 U.S.C. §§ 1101 (a)(15)(U), 1184(p), and 1255(m).