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  • CSS Summary of Settlement

    1. Class definitionThe following persons are entitled to benefits under this CSS settlement:
    All persons who are otherwise prima facie eligible for legalization under § 245A of the INA, and who tendered completed applications for legalization under § 245A of the INA and fees to an INS officer or agent acting on behalf of the INS, including a QDE, during the period from May 5, 1987 to May 4, 1988, and whose applications were rejected for filing because an INS officer or QDE concluded that they had traveled outside the United States after November 6, 1986 without advance parole.
    All persons who filed for class membership under Catholic Social Services, Inc. v. Reno, CIV No. S-86-1343 LKK (E.D. Cal.), ("CSS") and who are otherwise prima facie eligible for legalization under § 245A of the INA, who, because an INS officer or QDE concluded that they had traveled outside the United States after November 6, 1986 without advance parole were informed that they were ineligible for legalization, or were refused by the INS or its QDEs legalization forms, and for whom such information, or inability to obtain the required application forms, was a substantial cause of their failure to timely file or complete a written application.
    As used in subparagraph (B) the phrase "filed for class membership" includes the spouses and children of persons who actually filed for class membership as provided in 8 C.F.R. § 245a.10.
    2. Distribution of CSS settlement or this summaryThe CSS settlement requires that within fourteen (14) days from the date on which the district court approves the settlement, or on which the separate settlement in Newman et al v. INS et al., 87-4757-WDK (CWx) (C.D. Cal.), ("Newman") is approved by the court, whichever is later, the Department of Homeland Security ("DHS") must use good faith and reasonable efforts to distribute the CSS settlement or this summary thereof to all DHS officers, agents and employees who will be responsible for processing class membership claims. The DHS must also use good faith and reasonable efforts to provide the CSS settlement or summary to all DHS personnel who may in the course of their duties detain or remove individuals who may be CSS class members. DHS must use good faith and reasonable efforts to serve Class Counsel with copies of all supplemental instructions or guidelines it issues regarding implementation of this Settlement Agreement.
    3. Notice to Class Members The CSS settlement requires the Bureau of Citizenship and Immigration Services ("BCIS") to issue a press release and a Class Notice in English and Spanish (the texts of which are attached as Attachments 2 and 3) announcing the CSS settlement within 60 days following the court's approval of the agreement. The press release, Class Notice, and Class Member Application sheet (attached as Attachment 4) must be distributed to the media and community-based organizations according to the BCIS's normal procedure for doing so. BCIS shall provide class counsel with a copy of the lists to which these materials are distributed. The press release, Class Notice, Class Member Applications and Appeal to Special Master of Denial of Class Membership shall be posted on the BCIS's web site until the end of the application period referenced in 4 below. The press release, Class Notice, Class Member Applications and Appeal to Special Master of Denial of Class Membership shall also be made available at BCIS district offices until the end of the application period referenced in 4 below. Within 60 days of this Settlement Agreement and during the remainder of the application period specified in 4, BCIS shall make available to all persons, upon request, a copy of Form I-687, CSS Class Member Applications and instructions, and Form I-765.
    4. Application PeriodWithin 30 to 60 days after notice is issued to class members under 3, above, BCIS shall begin accepting CSS Class Membership Applications and Forms I-687, Application for Status as a Temporary Resident, with fee and supporting documentation, from class member applicants. BCIS shall continue to accept such applications for class membership and temporary residence for a period of one year thereafter, and no longer. Applications shall deemed filed on the date postmarked in accordance with the provisions at 8 C.F.R. § 245a.12(a).
    5. Filing of ApplicationsIndividuals asserting a claim for relief under the CSS settlement must file a CSS Class Membership Application and a Form I-687, Application for Status as a Temporary Resident, with fee and supporting documentation. The fee for filing all forms in connection with the application process shall be the fees applicable by regulation or Federal Register Notice at the time of filing the application(s). Except as provided in 10 below, applicants must file a Form I-765 with fee if they wish to receive an employment authorization document. If a person previously filed for class membership as that term is defined in 1 above, BCIS shall refund the fee for filing the Form I-687 if such person's application for class membership is denied. Individuals who did not previously "file for class membership" as that term is defined in 1 above, shall receive no refund of the fee for filing the Form I-687 if such person's application for class membership is denied.
    6. Adjudication of class member applications and legalization applications The BCIS will approve CSS Class Membership Applications if, based on responses to questions asked on the application, it appears more probable than not that the applicant meets the class definition. A determination that an applicant is a class member is not binding in any manner for the purposes of an adjudication on the merits of the application for temporary residence, which shall be conducted de novo. Class Member Applications shall not be denied solely because applicants do not possess documentary evidence establishing class membership. The DHS must treat information and materials submitted in connection with Class Member Application as confidential in accordance with 8 U.S.C. § 1255a(c)(5).
    7. Intended Denials of Class MembershipBefore denying an application for class membership, the applicant or his or her representative shall be sent a notice of intended denial explaining the perceived deficiency in the applicant's Class Member Application and providing the applicant 30 days to submit additional written evidence or information to remedy the perceived deficiency.
    8. Denial of Applications for Class MembershipThe BCIS shall send written notice of a decision to deny an application for class membership to the applicant and his or her attorney of record, with a copy to Class Counsel. The notice shall explain the reasons for the denial of the application and notify the applicant of his or her right to seek review of such denial by a Special Master, on the document attached as Attachment 5, a copy of which should be mailed to the applicant along with the notice of decision. On review, neither the BCIS nor the applicant shall be permitted to submit new evidence to the Special Master.
    9. Review by Special MasterSelection of the Special Masters. Each party shall select one person, from a list of three names recommended by the other party, to serve as a Special Master. Appeals from denials of applications for class membership shall be assigned randomly to a Special Master. The two Special Masters shall jointly designate the mailing address for appeals and determine procedures for random assignment.
    Review of Decisions Involving Determination of Class Membership. Any decision by BCIS denying an application for class membership may be appealed to a Special Master. Any such appeal must be post-marked within 30 days of the date of mailing of the notice denying the application for class membership. The Special Master's review shall be based on the documents and other evidence submitted by the applicant, and any documentary evidence the BCIS relies on in reaching the decision to deny the application for class membership. The Special Master shall be paid a fee of $125 for adjudicating each appeal under subparagraphs (i) and (ii) below. Payment of this fee shall be paid by the parties as follows: (i) If the appeal involves a denial of class membership based on criminal or security-related grounds, the applicant is responsible for paying the entire fee; and (ii) If the appeal involves a denial of class membership on other than criminal or security-related grounds, the fee shall be paid equally by the BCIS and the applicant. The applicant's portion of the fee must accompany his or her notice of appeal. The BCIS must submit its portion of the fee within 30 days of being notified by the Special Master that an appeal has been duly filed.
    Review of Other Decisions. An applicant who believes that DHS has violated his or her individual rights pursuant to 3, 4, 5, 7, 10, 12, or 13 of the Settlement Agreement may file a claim with the Special Master. However, prior to filing any such claim, the applicant must advise the DHS by certified mail, or other documented delivery service to an address specified by DHS, that he or she believes that DHS has violated his or her rights under paragraphs 3, 4, 5, 7, 10, 12, or 13. DHS shall have 45 days from the date it is notified of the applicant's intent to file a claim under this paragraph in which to investigate and, if appropriate, rectify any deficiency. If 50 days after notifying DHS of his or her intent to file a claim, the applicant does not receive notice that defendants have sustained the applicant's challenge, then the applicant may file his or her appeal to the Special Master. Any such appeal must be post-marked within 80 days of the date the applicant advised Defendants of the alleged violation.
    The Special Master shall be paid a fee of $65 for adjudicating each appeal under this subparagraph C. The applicant must pay the entire fee at the time he or she files the notice of appeal. If the applicant prevails on the merits of his or her appeal, DHS must reimburse the applicant the entire fee within a reasonable time after being notified that the applicant prevailed on appeal.
    10. Renewal of Employment Authorization DocumentsThe BCIS shall, without fee, reissue or renew for a period of one year employment authorization to applicants in the class defined herein who were previously issued such employment authorization pursuant to interim relief orders in Catholic Social Services, Inc. v. Reno, CIV No. S-86-1343 LKK (E.D. Cal.). An applicant shall be entitled to have his or her employment authorization renewed only during the application period and only one time under this provision.
    11. Adjudication of Applications for Temporary ResidenceBCIS shall adjudicate each application for temporary residence filed on Form I-687 in accordance with the provisions of § 245A of the Immigration and Nationality Act, 8 U.S.C. § 1255a, regulations, and administrative and judicial precedents the INS followed in adjudicating I-687 applications timely filed during the IRCA application period. In adjudicating I-687s pursuant to this agreement, BCIS shall utilize the standards set forth in 8 C.F.R. § 245a.18(c), or 8 C.F.R. § 245a.2(k)(4), which ever is more favorable to the applicant. For purposes of establishing residence and presence in 8 C.F.R. § 245a.2(b), the term, "until the date of filing" shall mean until the date the alien was "front-desked" or "discouraged from filing" consistent with the Class Definition. In evaluating the sufficiency of applicants' proof of residence, the BCIS shall take into account the passage of time and attendant difficulties in obtaining corroborative documentation of unlawful residence. An application shall not be denied solely because the applicant seeks to establish continuous unlawful residence only with affidavits or declarations.
    12. Time for Determining Class Membership and Legalization ApplicationsBCIS shall use good faith and reasonable efforts either to approve applications for class membership or issue notices of intended denials within ninety (90) days of receipt. If a notice of intended denial is issued, the BCIS shall endeavor to issue a final decision on the application for class membership within ninety (90) days after receipt of an applicant's supplemental evidence or explanation, if any.
    BCIS shall use good faith and reasonable efforts to adjudicate class members' I-687 forms within one hundred and eighty (180) days of approval of their application for class membership. C. If the aggregate number of Form I-687 applications received under the CSS settlement and the settlement reached in Newman v. DHS, Civ. 87-4757-WDK (C.D. Cal.), exceeds 240,000, it is anticipated that the approximate processing times referenced in subparagraphs A and B above will double.
    13. Removal of Class Applicants from the United StatesDHS shall not remove from the United States or detain any putative class member who appears to be prima facie eligible for class membership under the CSS settlement and for legalization under section 245A of the INA. This paragraph shall not apply to any alien who is subject to detention or removal despite his or her having been previously determined to be eligible for class membership. For example, if, after having been deemed a class member, it is found that the alien has been convicted of a crime that renders him or her ineligible for legalization, the alien may nevertheless be detained and removed from the United States.
    14. Reporting on Implementation of This AgreementCommencing four months after the beginning of the filing period, BCIS shall prepare quarterly reports setting forth the number of Class Membership applications, Forms I-687, and Forms I-765, that were received, approved, denied and pending. Copies of such report shall be provided to Class Counsel. In the event BCIS believes good cause exists to extend the time periods set forth in 12, BCIS shall provide Class Counsel with a written explanation of such cause and proposed alternative target periods.
    15. Duration of AgreementThe CSS settlement will remain in effect for one year after the BCIS adjudicates the last application for class membership. BCIS will promptly notify Class Counsel of the date it adjudicates the last application for class membership.
    17. Dismissal of Complaint, Dissolution of Injunctive Orders and Other DecisionsIn the event the district court approves the CSS settlement, the plaintiffs will promptly move the court for dismissal with prejudice of each and every claim of the complaint, as amended, and the dissolution of any injunctive order(s) and other decisions entered by the district court.
    18. Continuing JurisdictionThe district court will retain jurisdiction in this action over only the matters described immediately below. A. Claims that DHS has engaged in a pattern and practice of refusing to implement any of the relief set forth in the CSS settlement. B. Claims that DHS has expressly repudiated the CSS settlement. C. At least sixty (60) days prior to bringing any action pursuant to this provision, the parties shall meet and confer in a good faith effort to resolve their differences. D. Any action under this provision must be brought within one year after BCIS adjudicates the last application for class membership.
    19. Class CounselClass Counsel for the purposes of this Settlement Agreement are Peter Schey and Carlos R. Holguin, Center for Human Rights and Constitutional Law, 256 S. Occidental Blvd., Los Angeles, CA 90057, telephone (213) 388-8693, facsimile (213) 386-9484, e-mail amnestycoordinator@centerforhumanrights.org.






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  • #2
    1. Class definitionThe following persons are entitled to benefits under this CSS settlement:
    All persons who are otherwise prima facie eligible for legalization under § 245A of the INA, and who tendered completed applications for legalization under § 245A of the INA and fees to an INS officer or agent acting on behalf of the INS, including a QDE, during the period from May 5, 1987 to May 4, 1988, and whose applications were rejected for filing because an INS officer or QDE concluded that they had traveled outside the United States after November 6, 1986 without advance parole.
    All persons who filed for class membership under Catholic Social Services, Inc. v. Reno, CIV No. S-86-1343 LKK (E.D. Cal.), ("CSS") and who are otherwise prima facie eligible for legalization under § 245A of the INA, who, because an INS officer or QDE concluded that they had traveled outside the United States after November 6, 1986 without advance parole were informed that they were ineligible for legalization, or were refused by the INS or its QDEs legalization forms, and for whom such information, or inability to obtain the required application forms, was a substantial cause of their failure to timely file or complete a written application.
    As used in subparagraph (B) the phrase "filed for class membership" includes the spouses and children of persons who actually filed for class membership as provided in 8 C.F.R. § 245a.10.
    2. Distribution of CSS settlement or this summaryThe CSS settlement requires that within fourteen (14) days from the date on which the district court approves the settlement, or on which the separate settlement in Newman et al v. INS et al., 87-4757-WDK (CWx) (C.D. Cal.), ("Newman") is approved by the court, whichever is later, the Department of Homeland Security ("DHS") must use good faith and reasonable efforts to distribute the CSS settlement or this summary thereof to all DHS officers, agents and employees who will be responsible for processing class membership claims. The DHS must also use good faith and reasonable efforts to provide the CSS settlement or summary to all DHS personnel who may in the course of their duties detain or remove individuals who may be CSS class members. DHS must use good faith and reasonable efforts to serve Class Counsel with copies of all supplemental instructions or guidelines it issues regarding implementation of this Settlement Agreement.
    3. Notice to Class Members The CSS settlement requires the Bureau of Citizenship and Immigration Services ("BCIS") to issue a press release and a Class Notice in English and Spanish (the texts of which are attached as Attachments 2 and 3) announcing the CSS settlement within 60 days following the court's approval of the agreement. The press release, Class Notice, and Class Member Application sheet (attached as Attachment 4) must be distributed to the media and community-based organizations according to the BCIS's normal procedure for doing so. BCIS shall provide class counsel with a copy of the lists to which these materials are distributed. The press release, Class Notice, Class Member Applications and Appeal to Special Master of Denial of Class Membership shall be posted on the BCIS's web site until the end of the application period referenced in 4 below. The press release, Class Notice, Class Member Applications and Appeal to Special Master of Denial of Class Membership shall also be made available at BCIS district offices until the end of the application period referenced in 4 below. Within 60 days of this Settlement Agreement and during the remainder of the application period specified in 4, BCIS shall make available to all persons, upon request, a copy of Form I-687, CSS Class Member Applications and instructions, and Form I-765.
    4. Application PeriodWithin 30 to 60 days after notice is issued to class members under 3, above, BCIS shall begin accepting CSS Class Membership Applications and Forms I-687, Application for Status as a Temporary Resident, with fee and supporting documentation, from class member applicants. BCIS shall continue to accept such applications for class membership and temporary residence for a period of one year thereafter, and no longer. Applications shall deemed filed on the date postmarked in accordance with the provisions at 8 C.F.R. § 245a.12(a).
    5. Filing of ApplicationsIndividuals asserting a claim for relief under the CSS settlement must file a CSS Class Membership Application and a Form I-687, Application for Status as a Temporary Resident, with fee and supporting documentation. The fee for filing all forms in connection with the application process shall be the fees applicable by regulation or Federal Register Notice at the time of filing the application(s). Except as provided in 10 below, applicants must file a Form I-765 with fee if they wish to receive an employment authorization document. If a person previously filed for class membership as that term is defined in 1 above, BCIS shall refund the fee for filing the Form I-687 if such person's application for class membership is denied. Individuals who did not previously "file for class membership" as that term is defined in 1 above, shall receive no refund of the fee for filing the Form I-687 if such person's application for class membership is denied.
    6. Adjudication of class member applications and legalization applications The BCIS will approve CSS Class Membership Applications if, based on responses to questions asked on the application, it appears more probable than not that the applicant meets the class definition. A determination that an applicant is a class member is not binding in any manner for the purposes of an adjudication on the merits of the application for temporary residence, which shall be conducted de novo. Class Member Applications shall not be denied solely because applicants do not possess documentary evidence establishing class membership. The DHS must treat information and materials submitted in connection with Class Member Application as confidential in accordance with 8 U.S.C. § 1255a(c)(5).
    7. Intended Denials of Class MembershipBefore denying an application for class membership, the applicant or his or her representative shall be sent a notice of intended denial explaining the perceived deficiency in the applicant's Class Member Application and providing the applicant 30 days to submit additional written evidence or information to remedy the perceived deficiency.
    8. Denial of Applications for Class MembershipThe BCIS shall send written notice of a decision to deny an application for class membership to the applicant and his or her attorney of record, with a copy to Class Counsel. The notice shall explain the reasons for the denial of the application and notify the applicant of his or her right to seek review of such denial by a Special Master, on the document attached as Attachment 5, a copy of which should be mailed to the applicant along with the notice of decision. On review, neither the BCIS nor the applicant shall be permitted to submit new evidence to the Special Master.
    9. Review by Special MasterSelection of the Special Masters. Each party shall select one person, from a list of three names recommended by the other party, to serve as a Special Master. Appeals from denials of applications for class membership shall be assigned randomly to a Special Master. The two Special Masters shall jointly designate the mailing address for appeals and determine procedures for random assignment.
    Review of Decisions Involving Determination of Class Membership. Any decision by BCIS denying an application for class membership may be appealed to a Special Master. Any such appeal must be post-marked within 30 days of the date of mailing of the notice denying the application for class membership. The Special Master's review shall be based on the documents and other evidence submitted by the applicant, and any documentary evidence the BCIS relies on in reaching the decision to deny the application for class membership. The Special Master shall be paid a fee of $125 for adjudicating each appeal under subparagraphs (i) and (ii) below. Payment of this fee shall be paid by the parties as follows: (i) If the appeal involves a denial of class membership based on criminal or security-related grounds, the applicant is responsible for paying the entire fee; and (ii) If the appeal involves a denial of class membership on other than criminal or security-related grounds, the fee shall be paid equally by the BCIS and the applicant. The applicant's portion of the fee must accompany his or her notice of appeal. The BCIS must submit its portion of the fee within 30 days of being notified by the Special Master that an appeal has been duly filed.
    Review of Other Decisions. An applicant who believes that DHS has violated his or her individual rights pursuant to 3, 4, 5, 7, 10, 12, or 13 of the Settlement Agreement may file a claim with the Special Master. However, prior to filing any such claim, the applicant must advise the DHS by certified mail, or other documented delivery service to an address specified by DHS, that he or she believes that DHS has violated his or her rights under paragraphs 3, 4, 5, 7, 10, 12, or 13. DHS shall have 45 days from the date it is notified of the applicant's intent to file a claim under this paragraph in which to investigate and, if appropriate, rectify any deficiency. If 50 days after notifying DHS of his or her intent to file a claim, the applicant does not receive notice that defendants have sustained the applicant's challenge, then the applicant may file his or her appeal to the Special Master. Any such appeal must be post-marked within 80 days of the date the applicant advised Defendants of the alleged violation.
    The Special Master shall be paid a fee of $65 for adjudicating each appeal under this subparagraph C. The applicant must pay the entire fee at the time he or she files the notice of appeal. If the applicant prevails on the merits of his or her appeal, DHS must reimburse the applicant the entire fee within a reasonable time after being notified that the applicant prevailed on appeal.
    10. Renewal of Employment Authorization DocumentsThe BCIS shall, without fee, reissue or renew for a period of one year employment authorization to applicants in the class defined herein who were previously issued such employment authorization pursuant to interim relief orders in Catholic Social Services, Inc. v. Reno, CIV No. S-86-1343 LKK (E.D. Cal.). An applicant shall be entitled to have his or her employment authorization renewed only during the application period and only one time under this provision.
    11. Adjudication of Applications for Temporary ResidenceBCIS shall adjudicate each application for temporary residence filed on Form I-687 in accordance with the provisions of § 245A of the Immigration and Nationality Act, 8 U.S.C. § 1255a, regulations, and administrative and judicial precedents the INS followed in adjudicating I-687 applications timely filed during the IRCA application period. In adjudicating I-687s pursuant to this agreement, BCIS shall utilize the standards set forth in 8 C.F.R. § 245a.18(c), or 8 C.F.R. § 245a.2(k)(4), which ever is more favorable to the applicant. For purposes of establishing residence and presence in 8 C.F.R. § 245a.2(b), the term, "until the date of filing" shall mean until the date the alien was "front-desked" or "discouraged from filing" consistent with the Class Definition. In evaluating the sufficiency of applicants' proof of residence, the BCIS shall take into account the passage of time and attendant difficulties in obtaining corroborative documentation of unlawful residence. An application shall not be denied solely because the applicant seeks to establish continuous unlawful residence only with affidavits or declarations.
    12. Time for Determining Class Membership and Legalization ApplicationsBCIS shall use good faith and reasonable efforts either to approve applications for class membership or issue notices of intended denials within ninety (90) days of receipt. If a notice of intended denial is issued, the BCIS shall endeavor to issue a final decision on the application for class membership within ninety (90) days after receipt of an applicant's supplemental evidence or explanation, if any.
    BCIS shall use good faith and reasonable efforts to adjudicate class members' I-687 forms within one hundred and eighty (180) days of approval of their application for class membership. C. If the aggregate number of Form I-687 applications received under the CSS settlement and the settlement reached in Newman v. DHS, Civ. 87-4757-WDK (C.D. Cal.), exceeds 240,000, it is anticipated that the approximate processing times referenced in subparagraphs A and B above will double.
    13. Removal of Class Applicants from the United StatesDHS shall not remove from the United States or detain any putative class member who appears to be prima facie eligible for class membership under the CSS settlement and for legalization under section 245A of the INA. This paragraph shall not apply to any alien who is subject to detention or removal despite his or her having been previously determined to be eligible for class membership. For example, if, after having been deemed a class member, it is found that the alien has been convicted of a crime that renders him or her ineligible for legalization, the alien may nevertheless be detained and removed from the United States.
    14. Reporting on Implementation of This AgreementCommencing four months after the beginning of the filing period, BCIS shall prepare quarterly reports setting forth the number of Class Membership applications, Forms I-687, and Forms I-765, that were received, approved, denied and pending. Copies of such report shall be provided to Class Counsel. In the event BCIS believes good cause exists to extend the time periods set forth in 12, BCIS shall provide Class Counsel with a written explanation of such cause and proposed alternative target periods.
    15. Duration of AgreementThe CSS settlement will remain in effect for one year after the BCIS adjudicates the last application for class membership. BCIS will promptly notify Class Counsel of the date it adjudicates the last application for class membership.
    17. Dismissal of Complaint, Dissolution of Injunctive Orders and Other DecisionsIn the event the district court approves the CSS settlement, the plaintiffs will promptly move the court for dismissal with prejudice of each and every claim of the complaint, as amended, and the dissolution of any injunctive order(s) and other decisions entered by the district court.
    18. Continuing JurisdictionThe district court will retain jurisdiction in this action over only the matters described immediately below. A. Claims that DHS has engaged in a pattern and practice of refusing to implement any of the relief set forth in the CSS settlement. B. Claims that DHS has expressly repudiated the CSS settlement. C. At least sixty (60) days prior to bringing any action pursuant to this provision, the parties shall meet and confer in a good faith effort to resolve their differences. D. Any action under this provision must be brought within one year after BCIS adjudicates the last application for class membership.
    19. Class CounselClass Counsel for the purposes of this Settlement Agreement are Peter Schey and Carlos R. Holguin, Center for Human Rights and Constitutional Law, 256 S. Occidental Blvd., Los Angeles, CA 90057, telephone (213) 388-8693, facsimile (213) 386-9484, e-mail amnestycoordinator@centerforhumanrights.org.






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