Chertoff

Catholic Charities CYO v. Chertoff

Good Law
622 F. Supp. 2d 865·2008 WL 5385250·2008 U.S. Dist. LEXIS 103304
United States District Court, Northern District of CaliforniaDecember 22, 2008C 07-1307 PJHCalifornia10,983 words

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).

The VTVPA, permits nonimmigrants…

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