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Immigration Law

Notice of Proposed Settlement & Hearing in 'Reasonable Fear Determination' Class Action: Alfaro Garcia v. Johnson

NOTICE OF PROPOSED SETTLEMENT AND HEARING IN CLASS ACTION INVOLVING DETAINED NON-CITIZENS WHO ARE AWAITING A “REASONABLE FEAR DETERMINATION”

ALFARO GARCIA, ET AL. V. JOHNSON, ET AL., Case No. 4:14-cv-01775-YGR

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

TO: All individuals who meet all of the following characteristics (collectively, the “Class”):

- Are or will be subject to a reinstated order of removal under 8 U.S.C. § 1231(a)(5) or an administrative removal order under 8 U.S.C. § 1228(b);

-Have expressed, or in the future express, a fear of returning to their country of removal;

- Are detained in the custody of the Department of Homeland Security (“DHS”); and

- Have not received, or do not receive, an initial reasonable fear determination by U.S. Citizenship and Immigration Services (“USCIS”) under 8 C.F.R. § 208.31 within ten (10) days of referral to USCIS and still have not received a reasonable fear determination.

You are hereby notified that a hearing (the “Fairness Hearing”) has been scheduled for Tuesday, October 20, 2015, at 2:00 p.m. before the Honorable Yvonne Gonzalez Rogers of the United States District Court for the Northern District of California, in Courtroom 1 at the United States Courthouse, 1301 Clay Street, Oakland, California, for consideration of a proposed settlement of the claims that have been brought on your behalf in this lawsuit. Please note that the Fairness Hearing date may change without further notice. You should check the settlement websites listed below or the Court docket in this case (through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov) to confirm that the date has not been changed.

Purposes of This Notice

This notice has three purposes. The notice:

A. Tells you about the proposed settlement and the fairness hearing;
B. Tells you how to obtain more information; and
C. Explains how you may object if you disagree with the proposed settlement terms.  [More...]

Link to complete ACLU version, Aug. 20, 2015

Link to shorter USCIS version, Aug. 25, 2015