632 F.Supp. 1546 (W.D.N.C. 1986), C-C-84-0593, Sanchez-Trujillo v. I.N.S. of United States Dept. of Justice

Docket NºC-C-84-0593-P.
Citation632 F.Supp. 1546
Party NameClara SANCHEZ-TRUJILLO, Plaintiff, v. The IMMIGRATION AND NATURALIZATION SERVICE OF the UNITED STATES DEPARTMENT OF JUSTICE, and Louis M. Richard, in his Official Capacity as District Director, Defendants.
Case DateApril 21, 1986
CourtUnited States District Courts, 4th Circuit, Western District of North Carolina

Page 1546

632 F.Supp. 1546 (W.D.N.C. 1986)

Clara SANCHEZ-TRUJILLO, Plaintiff,

v.

The IMMIGRATION AND NATURALIZATION SERVICE OF the UNITED STATES DEPARTMENT OF JUSTICE, and Louis M. Richard, in his Official Capacity as District Director, Defendants.

No. C-C-84-0593-P.

United States District Court, W.D. North Carolina, Charlotte Division. .

April 21, 1986

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[Copyrighted Material Omitted]

Page 1548

Robert Alan Donat, Charlotte, N.C., for plaintiff.

Charles R. Brewer, U.S. Atty., Charles R. Jonas, Charlotte, N.C., for defendants.

MEMORANDUM AND ORDER

ROBERT D. POTTER, Chief Judge.

THIS MATTER was heard before the undersigned on March 19, 1986 at Charlotte, North Carolina. The Plaintiff was represented by Robert Alan Donat, Attorney at Law. Terry C. Bird, District Counsel for the Immigration and Naturalization Service, and Charles E. Lyons, Assistant United States Attorney, appeared on behalf of the Defendants.

In its Order filed March 17, 1986, this Court directed the Clerk to enter the default of the Defendants for their failure to file an Answer to the Plaintiff's Amended Complaint within the time allowed by the Court. Since the Defendants in this case are agents of the United States, however, the Court declined to enter judgment by default without having heard the Plaintiff's evidence on the merits of her claim. A claimant may not obtain a default judgment against the United States unless he establishes his claim or right to relief by evidence satisfactory to the Court. Fed.R.Civ.P. 55(e). The Plaintiff, therefore, presented her case to the Court at the hearing on March 19, 1986.

After carefully considering the evidence presented, the Court enters the following Findings of Fact and Conclusions of Law:

(1) The Plaintiff, Clara Sanchez-Trujillo, is a citizen of Colombia currently residing in the United States.

(2) The Defendant, the Immigration and Naturalization Service ("INS"), is an agency

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of the United States Department of Justice responsible for the administration of United States immigration laws.

(3) The Defendant, Louis M. Richard, is the District Director of District # 26 of the INS.

(4) The Plaintiff was born on December 3, 1960 in Medellin, Colombia.

(5) The Plaintiff's mother, Lucidia Trujillo Cartagena, and her father, Fernando Antonio Sanchez-Ceballos ("Sanchez"), were never married.

(6) On June 17, 1963, Sanchez was admitted to the United States as a lawful permanent resident. He established his residence in California.

(7) Sanchez returned to Colombia to visit the Plaintiff in 1966, 1969, and 1972. The Plaintiff lived with her father at his request and with the consent of her mother at her paternal grandparents' home during his visit from November 1972 to August 1973.

(8) The Plaintiff testified that her mother and father went to a public notary during his 1972 visit and signed a statement acknowledging that they were her legitimate parents. She further testified that her father's name had been placed on her civil birth certificate by the time he left Colombia in 1973.

(9) During each of his visits, Sanchez expressed a desire to take the Plaintiff back to the United States with him. The Plaintiff's mother, however, felt that she was too young to leave Colombia. She finally consented to allowing the Plaintiff to join her father in the United States when she reached the age of sixteen.

(10) In 1976, Sanchez telephoned the Plaintiff in Colombia and expressed his intention to bring her to the United States. Following that conversation, the Plaintiff obtained certified copies of her civil birth certificate, her church birth certificate, and an affidavit from her mother. She sent all three documents to her father at his request at the end of 1976. The contents of the documents were, of course, written in Spanish.

(11) The civil birth certificate recites the Plaintiff's date and place of birth, her gender, and her name, Sanchez Trujillo Clara Maria. See Plaintiff's Exhibit 12. Both of her parents' surnames appear in her name on the certificate. The Plaintiff explained that the custom in Colombia is for the father's surname to appear first and the mother's surname to appear second in a child's name. If a child does not legally have her father's name, however, only her mother's surname will appear in her name. Therefore, the fact that the Plaintiff's father's surname appears on her birth certificate shows that her father indeed did acknowledge her as his child. The significance of the appearance of her father's name on her birth certificate is clarified by the addition of the notation, "The registered person is the daughter acknowledged by Mr. Fernando Antonio Sanchez and of Mrs. Lucidia Trujillo," to her birth certificate in 1983. The notation that the inscription was done in December 1972 bolsters the Plaintiff's testimony that her parents formally acknowledged her during Sanchez' 1972 visit. See Plaintiff's Exhibit 4.

(12) The church birth certificate, Plaintiff's Exhibit 11, recites the date that the Plaintiff was baptized in the church, her Christian name ( i.e., Clara Maria), and that she is the daughter of Fernando Sanchez and Lucidia Trujillo. It also identifies her paternal and maternal grandparents.

(13) The affidavit submitted by the Plaintiff's mother declares that she is the mother of the Plaintiff and that the Plaintiff had always been under the guardianship of her father. The Plaintiff testified that her father paid for her school, that he had sent her money, and that he had held her out as his daughter whenever he came to Colombia.

(14) On November 30, 1976, Sanchez filed an Application for Verification of Lawful Permanent Residence of an Alien (Form I-550) with the INS. See Plaintiff's Exhibit 1. Sanchez stated on that form that the Plaintiff was his "daughter," "illegitimated

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child," and that she was "recognized by father."

(15) On January 3, 1977, Sanchez filed a Petition to Classify Status of Alien Relative for Issuance of Immigrant Visa (Form I-130) with the INS on behalf of the Plaintiff. See Plaintiff's Exhibit 2. On the face of that form...

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1 practice notes
  • 933 F.Supp. 338 (S.D.N.Y. 1996), 95 Civ. 8321, Zheng v. I.N.S.
    • United States
    • Federal Cases United States District Courts 2nd Circuit United States District Courts. 2nd Circuit. Southern District of New York
    • July 19, 1996
    ...the best interpretation possible." De Los Santos v. INS, 690 F.2d 56, 60 (2d Cir.1982) . Page 341 Neither Sanchez-Trujillo v. INS, 632 F.Supp. 1546 (W.D.N.C.1986), nor Pierno v. INS, 397 F.2d 949 (2d Cir.1968), cited by plaintiff in his memorandum of law in opposition to defendant's mo......
1 cases
  • 933 F.Supp. 338 (S.D.N.Y. 1996), 95 Civ. 8321, Zheng v. I.N.S.
    • United States
    • Federal Cases United States District Courts 2nd Circuit United States District Courts. 2nd Circuit. Southern District of New York
    • July 19, 1996
    ...the best interpretation possible." De Los Santos v. INS, 690 F.2d 56, 60 (2d Cir.1982) . Page 341 Neither Sanchez-Trujillo v. INS, 632 F.Supp. 1546 (W.D.N.C.1986), nor Pierno v. INS, 397 F.2d 949 (2d Cir.1968), cited by plaintiff in his memorandum of law in opposition to defendant's mo......

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