BAUTISTA-PEREZ
BAUTISTA-PEREZ v. Holder
Opinion
Opinion
Henderson, J.
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS
This matter came before the Court on July 19, 2010, on the motion to dismiss filed by Defendants Eric Holder, the Attorney General of the United States, and Janet Napolitano, Secretary of Homeland Security (collectively, “Defendants”). Plaintiffs are nationals of El Salvador, Honduras, and Nicaragua who allege that United States Citizenship and Immigration Services (“USCIS” or “the Service”) unlawfully charged them a biometric services fee to register for Temporary Protected Status (“TPS”) when no new biometric data was collected from them. Defendants ask the Court to dismiss Plaintiffs’ Second Amended Complaint (“SAC”) for failure to state a claim, on the grounds that the allegedly unlawful fee was in fact authorized by Congress.
For the reasons set forth below, Defendants’ motion is GRANTED, and Plaintiffs’ SAC is DISMISSED with leave to amend.
BACKGROUND
I. The TPS Program
TPS is a temporary immigration benefit established by Congress in 1990 for nationals of foreign states experiencing “extraordinary and temporary conditions” such as armed conflict or environmental disaster. Immigration Act of 1990, Pub. L. No. 101— 649, § 302,…