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  5. NOTICE OF PROPOSED SETTLEMENT AND HEARING IN CLASS ACTION LAWSUIT INVOLVING INDIVIDUALS WHO HAVE FILED, OR WILL BE FILING, AN ASYLUM APPLICATION MORE THAN ONE YEAR AFTER ARRIVING IN THE UNITED STATES.

NOTICE OF PROPOSED SETTLEMENT AND HEARING IN CLASS ACTION LAWSUIT INVOLVING INDIVIDUALS WHO HAVE FILED, OR WILL BE FILING, AN ASYLUM APPLICATION MORE THAN ONE YEAR AFTER ARRIVING IN THE UNITED STATES.

MENDEZ ROJAS, ET AL. V. WOLF, ET AL., Case No. 2:16-cv-01024-RSM
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON

Update: On Nov. 4, 2020, the U.S. District Court for the Western District of Washington held a Fairness Hearing in Mendez Rojas et al. v. Wolf et al., 2:16-cv-01024-RSM (W.D. Wash.), and granted final approval of the settlement agreement. The final settlement agreement and court order approving the settlement agreement are available at the following links:

  • Mendez Rojas et al. v. Wolf et al., Final Settlement Agreement
  • Mendez Rojas et al. v. Wolf et al., Order on Joint Motion for Final Approval of Settlement Agreement

The settlement agreement requires USCIS and the Executive Office for Immigration Review (EOIR) to implement a Uniform Procedural Mechanism (UPM) for aliens to file their Form I-589, Application for Asylum and for Withholding of Removal. USCIS and EOIR expect to publish and implement the UPM on Jan. 26, 2021.  If you believe you are a member of the Mendez Rojas class, you will have until April 22, 2022, to raise a claim that the one-year deadline to file an asylum application does not apply to you under the terms of the final settlement agreement. You may raise this claim in a new asylum filing, in a pending filing, or through a motion before the immigration court or the Board of Immigration Appeals, whichever applies.

You are hereby notified that a hearing (the “Fairness Hearing”) has been scheduled for November 4, 2020 at 9:00 AM before the Honorable Ricardo S. Martinez of the United States District Court for the Western District of Washington, in Seattle, Washington, 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://www.wawd.uscourts.gov/attorneys/cmecf) to confirm that the date has not been changed.

For more information regarding the "NOTICE OF PROPOSED SETTLEMENT AND HEARING IN CLASS ACTION LAWSUIT INVOLVING INDIVIDUALS WHO HAVE FILED, OR WILL BE FILING, AN ASYLUM APPLICATION MORE THAN ONE YEAR AFTER ARRIVING IN THE UNITED STATES" see the following links: 

  • Mendez Rojas v Wolf-Proposed Settlement Agreement 
  • Mendez Rojas v Wolf-Notice Proposed Settlement and Hearing
Last Reviewed/Updated:
12/22/2020
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