Garcia Perez Settlement Agreement
On September 26, 2024, the U.S. District Court for the Western District of Washington approved the settlement agreement in Garcia Perez v. USCIS, No. 2:22-cv-00806-JHC. The settlement requires USCIS and EOIR to provide mechanisms that (1) notify asylum applicants about how many days are on their "Asylum EAD Clock" for work permit purposes and (2) allow asylum applicants to challenge clock stoppages. The settlement also provides specific relief to three subclasses regarding certain government policies to ensure the Asylum EAD clocks of those individuals do not stop or restart.
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Mendez Rojas Settlement Agreement
Mendez Rojas is a class action lawsuit brought on behalf of asylum seekers challenging the federal government’s failure to give them notice of the one-year deadline for filing asylum applications as well as its failure to guarantee them a mechanism through which to abide by that deadline.
On March 29, 2018, the court granted plaintiffs’ motion for summary judgment and ordered the government to provide notice to class members of the one-year filing deadline and to adopt, publicize, and implement uniform procedural mechanisms that will ensure that class members are able to file their asylum applications in a timely manner. The parties have now reached a settlement agreement for implementing the court’s order.
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Padilla v. ICE
The U.S. District Court for the Western District of Washington has approved a settlement agreement regarding certain class members in Padilla v. Immigration and Customs Enforcement, No. 2:18-cv-00928-MJP (W.D. Wash.). The agreement guarantees that individuals who arrive at or enter the United States and express a fear of return to their country of origin must receive a credible fear interview (CFI) within 60 days of being referred for the interview. If the government does not abide by the timeline, then individuals must be placed into removal proceedings under 8 U.S.C. § 1229a, where they can apply for asylum and other relief.
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