Case 3:18-cv-00428-DMS-MDD Document 302 Filed 11/06/18 PageID.4711 Page 1 of 10 U sted tiene el derecho de renunciar a la exencion en virtud del acuerdo. Los padres o hijos que deseen renunciar a sus derechos en virtud de este Acuerdo de Conciliacion y ser trasladados sin demora a su pais de origen, tienen derecho a hacerlo mediante la ejecucion del siguiente formulario. Cualquier decision de regresar a su pais de origen debe tomarse afirmativamente, a sabiendas y voluntariamente. El hecho de no devolver este formulario no se interpretara como una renuncia a sus derechos en virtud del Acuerdo de Conciliacion. Instrucciones: Este :formulario debe ser leido al rniernbro de la clase en un idioma que cl/ella cntienda. El n1icmbro de la clase debe indicar que opcion esta eligiendo al firmar el cuadro correspondiente a continuacion. Si el miembro de la clase es un nifio y carece de capacidad o es menor de 14 afios, este formulario debe ser firmado por el padre o representante legal del nifio. Se deben completar formularios separados para cada miembro de la familia. Los formularios completados deben enviarse por correo o por correo electronico al abogado para la clase propuesta apropiada que se establece a continuacion. Solicito permanecer en los Estados Unidos para buscar alivio de remocion. Entiendo que el acuerdo de demanda colectiva no garantiza que recibire alivio de la eliminaci6n. N~mbre (en ~e.tra•~.Ide): f: nma, CU zabd-h <1otiz.i lez. 'Bu'l"Yi• et'>+ CS Firma: .e;al!.""''(..;.,..~ 1 ~..,.=-dl·-·~R) Estoy solicitando de manera afirmativa, deliberada y voluntaria mi traslado a mi pais de origen lo antes posible. Entiendo que estoy renunciando a cualquier derecho a permanecer en los Estados Unidos para seguir los procedimientos establecidos en el acuerdo, incluido cualquier derecho a solicitar asilo u otra proteccion contra la expulsion. Nombre (en letra de molde): Firma: Tu informacion: L· I Nombre: £Dmo El; Geo lii leZ ,..r r'1 en toS Pecha de Nacimiento: __,0""--~~=--"''--3--_._1'(......_Cf_..I _ _ _ _ _ _ _ _ _ _ _ _ __ Nov 06 2018 A#: Z I 5 5 3 Cf 9 q 7 Pais de Ciudadania: _YJ_..,_.ll-=a.__\.._e""'-'m~a'"""""\......C \ - = - - - - - - - - - - - - - - - Centro de detencion (si es aplicable): _r . . __ . s/ ArianaF Domicilio: Al A{~~ 'TaVCt. \C\_£9 S90 NUNCPROTUNC . L class members who have not been issued an NTA and have final ER orders that have not been cancelled by DI-IS, USCJS will exercise its discretionary authority to sua sponte conduct in good faith a de novo review of the credible fear finding of the parent to determine if reconsideration of the negative determination is warranted. During that review process for Ms. L class members, USCIS will review the parent's case and the information provided and determine whether the individual has a credible fear of persecution or torture. For the limited purpose of this settlement agreement, USCIS will speak with the individual again for additional fact-gathering and the individual may present new or additional information at this time, with the assistance of the individual's counsel in-person unless ICE determines in good faith that in-person participation would adversely impact facility security or operations due to facility staffing, configuration, or access policies, in which case counsel will be permitted to participate telephonically, provided that counsel's attendance is at no expense to the government and does not unreasonably delay the process. In determining whether any factual inconsistencies between the original interview and the subsequent fact-gathering impact the credibility of the parent, due consideration will be given to the psychological state of the parent at the time of the initial interview. If the parent establishes that he or she can meet the credible fear standard, as it is described at Section 235(b)(l)(B)(v) of the INA and 8 C.F.R. § 208.30(e)(2) and (3), then DI-IS will issue and subsequently file an NTA. The children will be treated as the parent's dependents under 8 C.F.R. § 208.30(b). If the parent's credible fear determination remains negative, USCIS will screen the child individually for credible fear. The parent will be permitted to participate in the child(rcn)'s credible fear interview and provide testimony on behalf of the child(ren), in addition to any testimony from the child(ren). Counsel for the child will be permitted to attend the interview in person unless ICE determines in good faith that in-person pmticipation would adversely impact facility security or operations due to facility staffing, configuration, or access policies, in which case counsel will be permitted to participate tclephonically, so long as it docs not unreasonably delay the process and any attorney assistance is at no expense to the government. f. If the parent's credible fear or reasonable fear finding remains negative upon review, USCIS will notify the parent in writing that USCIS declines to reconsider the existing negative credible fear or reasonable fear determination. If the child receives a separate negative credible fear determination, the child may seek review by an immigration judge. 2 This agreement does not impact the ability of Ms. L class members with reinstated orders of removal who are not detained to pursue any available appeal of such an order under existing law and subject to statutory time periods. 2 Case 3:18-cv-00428-DMS-MDD Document 302 Filed 11/06/18 PageID.4720 Page 10 of 10 children covered by this plan, including statutory claims. This plan applies only to Ms. l class members and !vl.!vf.M. agreed class members who have been continuously physically present in the United States since June 26, 2018, and does not set any precedent for any additional group of aliens, and any exercise of legal authority or discretion taken pursuant to this plan is exercised only to effectuate the implementation of this plan in relation to this group of individuals. The Court's approval of this agreement will resolve the pending preliminary-injunction motion in MM.M. and will also lift the TRO issued in that matter. The Court will retain jurisdiction to enforce the provisions of this plan, which represents the substantive terms for the implementation of a settlement agreement and supersedes the prior written or oral communications between the parties regarding this plan. Settlement Agreement Plan to address the asylum claims of class-member parents and children who are physically present in the United States The government is willing to agree to the following procedures for addressing the asylum claims of M.M.M. agreed class members and the claims of Ms. L class members (and Dora plaintiffs), other than those class members who agree to waive these procedures (and thus to waive any further claims or reliet). 1 (In this document, references to Ms. l class members encompass Dora plaintiffs.) Class counsel are responsible for determining a class member's intentions related to waiver of the procedures set forth below. Upon approval of this agreed-upon plan by the U.S. District Court for the Southern District of California, MMM agreed class members agree to dismiss their pending litigation in the U.S. District Court for the District of Columbia, and to refrain from seeking preliminary injunctive relief in their litigation pending in the U.S. District Court for the Southern District of California; Dora plaintiffs agree to dismiss their pending litigation in the U.S. District Court for the District of Columbia; and MM.M. agreed class members and /yls. L class members agree to refrain from additional litigation seeking immigration- or asylum-related injunctive, declaratory, or equitable relief that arises from the facts and circumstances set forth in the Ms. L, MM. M, and Dora complaints relating to those parents and 1 l. a. The classes of individuals to whom this plan relates include: Ms. L Class Members and Dora Plaintiffs: All adult alien parents who entered the United States at or between designated ports of entry with their child(ren), and who, on or before the effective date of this agreement: (1) were detained in immigration custody by the DHS; (2) have a child who was or is separated from them by DHS and, on or after June 26, 2018, was housed in ORR custody, ORR foster care, or DHS custody, absent a determination that the parent is unfit or presents a danger to the child; and (3) have been (and whose child(ren) have been) continuously physically present within the United States since June 26, 2018, whether in detention or released. The class does not include alien parents with criminal histories or a communicable disease, or those encountered in the interior of the United States. M.M.M. Agreed Class Members: All alien children who are under the age of 18 on the effective date of this agreement who: (I) entered the United States at or between designated ports of entry with an alien parent, and who were separated from their parents, on or before the effective date of this settlement agreement; (2) have been or will be reunified with that parent pursuant to the preliminary injunction issued by the Court in Ms. L v. U.S. Immigration and Customs Enforcement, No. 18-428 (S.D. Cal. June 26, 2018); and (3) have been continuously physically present in the United States since June 26, 2018. All references to a "class" or "class member" in this document refer to the classes described above, as well as alien parents who are not part of the M-;. L class due to criminal history or communicable disease, but who the Court has ordered must be reunified. b. Ms. L class members and !vi.MM. agreed class members who arc not currently detained in DBS custody (and are not currently in HHS custody) and who have been issued Notices to Appear (NTAs) will not be removed by DHS prior to issuance of a final removal order in their resulting removal proceedings conducted under Section 240 of the Immigration and Nationality Act (INA). If a Ms. L class member or MMM agreed class member was released from DHS or ORR custody, is not currently in Section 240 removal proceedings, and is not subject to a final removal order, that individual can affirmatively apply for asylum before U.S. Citizenship and Immigration Services (USClS), USCIS will adjudicate such an application regardless of whether an unfiled NTA exists, and USClS will follow its established procedures concerning a parent's involvement in his or her minor child's asylum application process. If an M.MM agreed class member (whether currently detained or released) received a final removal order in Section 240 removal proceedings prior to reunification, DBS and HHS will work in good faith with MMM counsel to identify such children within 15 days of approval of this agreement, and OHS will join in a motion to reopen those proceedings if requested by the MM.M agreed class member no later than 45 days from approval of this agreement. MMM agreed class members who have not been reunified with their parent(s) as of the effective date of this agreement will be afforded existing procedures for unaccompanied alien children pursuant to governing statutes and regulations, including but not limited to Section 240 removal proceedings, unless and until they are reunified with a parent, in which case the procedures described below will apply. If a detained, reunited Af.MM agreed class member child has been served with an NTA, but the NTA has not been filed with an immigration court, DHS will exercise its discretion under 8 C.F.R. § 239.2(a) to cancel the NTA within 15 clays of the Court's approval of this agreement. For such a child who either had an NTA cancelled in this way, or who has never been served with an NTA, if the child is an arriving alien or was initially encountered by DHS within 14 days of entry and I 00 miles of the border, ICE will then initiate expedited removal (ER) proceedings under Section 235 of the INA against the child. Where such a class member child asserts, or has already asserted, an intention to apply for asylum or a fear of persecution or torture, either directly or through counsel, they shall be referred to USCIS for a credible fear determination.