Voluntary Return Deportation Class Action Settlement

A settlement has been reached in a class action lawsuit over the administration of the Voluntary Return authority by U.S. Border Control in Southern California.

Under Voluntary Return, non-citizens who are unlawfully residing in the United States may voluntarily agree to leave the country by signing an agreement waiving their right to appear before a judge. The immigration class action lawsuit, which was filed in June 2013 by 11 individuals and three nonprofit organizations, alleges that Voluntary Return, as administered in Southern California, violates the rights of the non-citizens under the U.S. Constitution and the statutes and regulations that apply to Border Patrol and U.S. Immigration and Customs Enforcement.

According to the class action lawsuit, 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 to agree to Voluntary Return.

The plaintiffs filed the class action lawsuit seeking a declaration that their returns to Mexico were unlawful and an order that they be returned to the United States in the legal position they were in before returning to Mexico.

The defendants deny any wrongdoing but agreed to a class action settlement, which received preliminary approval on Aug. 28, 2014.

Who’s Eligible

If between June 1, 2009 and Aug. 28, 2014 you agreed to return to Mexico while being detained by U.S. Border Control or U.S. Immigration and Customs Enforcement in Southern California, you may be a Class Member (subject to certain restrictions).

According to the class action settlement website, Class Members include:

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:

1. Based on the facts as they existed at the time of his or her Qualifying Voluntary Return, the Individual:
   1. 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);
   2. 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

1. 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

1. At the time of application for class membership, the Individual:
   1. Is physically present within Mexico; and
   2. 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 details can be found on the Notice of Settlement (linked below) or on the settlement website. If you are unsure whether you are included, you can get free assistance by writing to:

Bardis Vakili
ACLU of San Diego & Imperial Counties
Box 87131
San Diego, CA 92138-7131
avd@ACLUSanDiego.org

Potential Award

Class Members who complete an application process will be eligible to return to the United States (subject to certain restrictions).

Class Notice

Aviso Demanda Colectiva

Claim Form Deadline

It is anticipated that the application period will run from June 9, 2015 through Dec. 6, 2015.

Case Name

Lopez-Venegas v. Johnson, Case No. 13-cv-03972, in the U.S. District Court for the Central District of California

Final Hearing

2/9/2015

Settlement Website

www.SalidaVoluntariaAcuerdo.com

Claims Administrator

Lopez-Venegas Settlement Administrator
c/o Dahl Administration
P.O. Box 3614
Minneapolis, MN 55403-0614

Class Counsel

ACLU OF SAN DIEGO & IMPERIAL COUNTIES
ACLU OF SOUTHERN CALIFORNIA
ACLU IMMIGRANTS’ RIGHTS PROJECT
COOLEY LLP

Defense Counsel

Jeffrey S. Robins
U.S. DEPARTMENT OF JUSTICE, OFFICE OF IMMIGRATION LITIGATION