Catholic Charities Cyo v. Janet Napolitano, Secretary

MEMORANDUM

Catholic Charities CYO, other immigrants’ rights organizations, and individual non-citizens (together, “Catholic Charities”) appeal the dismissal of their suit challenging the government’s implementation of the U visa, an immigration benefit available to certain victims of crime. As an initial matter, the defect in Catholic Charities’ premature notice of appeal has been “cured by the entry of final judgment in the underlying action.” Cato v. Fresno City, 220 F.3d 1073, 1075 (9th Cir.2000).

The district court properly dismissed the challenge to the government’s alleged delay in issuing regulations for U visa applicants and adjustment of status regulations for U visa recipients. Because none of the individual plaintiffs had been granted U visas, much less lawful permanent residence, at the time they brought suit, their claim that the agency’s delay prejudiced their eligibility for naturalization was not ripe for review. See Bova v. City of Medford, 564 F.3d 1093, 1096 (9th Cir.2009). Catholic Charities also lacked standing to challenge the alleged prejudice from the delay because it failed to show injury-in-fact by the government’s alleged nonfeasance. See Lujan v.…