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Keywords

plaintiffstatutemotionclass actionsustainedcivil procedure
plaintiffstatutemotionclass actioncivil procedure

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Bautista-Perez v. Holder

Facts

The Immigration Act of 1990 established a procedure for granting Temporary Protected Status (TPS) to nationals of certain countries facing extraordinary conditions. The plaintiffs, nationals from El Salvador, Honduras, and Nicaragua, claimed they were charged fees exceeding the $50 limit set by statute when registering for TPS. They sought class certification for all individuals who applied for TPS from August 16, 2001, to the present, alleging that the additional fees, including biometrics fees, were unlawful.

The Immigration Act of 1990 established a procedure for granting Temporary Protected Status (TPS) to nationals of certain countries facing extraordinary conditions. The plaintiffs, nationals from El Salvador, Honduras, and Nicaragua, claimed they were charged fees exceeding the $50 limit set by statute when registering for TPS.

Issue

The main legal issue is whether the fees charged by the Departments of Justice and Homeland Security for TPS registration, which exceed the $50 limit set by statute, are lawful.

The main legal issue is whether the fees charged by the Departments of Justice and Homeland Security for TPS registration, which exceed the $50 limit set by statute, are lawful.

Rule

The court applied the requirements of Federal Rule of Civil Procedure 23(a) for class certification, which includes numerosity, commonality, typicality, and adequacy of representation, as well as Rule 23(b)(2) for seeking injunctive relief.

The court applied the requirements of Federal Rule of Civil Procedure 23(a) for class certification, which includes numerosity, commonality, typicality, and adequacy of representation, as well as Rule 23(b)(2) for seeking injunctive relief.

Analysis

The court found that the plaintiffs met the requirements for class certification under Rule 23. The class was sufficiently numerous, the claims presented common questions of law and fact, the representative parties' claims were typical of the class, and they would adequately protect the interests of the class. The court also addressed the government's arguments regarding standing and ripeness, concluding that the plaintiffs had sustained direct injury from the alleged unlawful fees.

The court found that the plaintiffs met the requirements for class certification under Rule 23. The class was sufficiently numerous, the claims presented common questions of law and fact, the representative parties' claims were typical of the class, and they would adequately protect the interests of the class.

Conclusion

The court granted the plaintiffs' motion for class certification and bifurcation, allowing the case to proceed as a class action. The court determined that the plaintiffs had sufficiently demonstrated the need for class certification based on the commonality of their claims.

The court granted the plaintiffs' motion for class certification and bifurcation, allowing the case to proceed as a class action.

Who won?

The plaintiffs prevailed in this case as the court granted their motion for class certification, allowing them to challenge the government's fee policy collectively.

The plaintiffs prevailed in this case as the court granted their motion for class certification, allowing them to challenge the government's fee policy collectively.

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