Calderon-Ramirez v. McCament, No. 16-4220

CourtUnited States Courts of Appeals. United States Court of Appeals (7th Circuit)
Writing for the CourtBauer, Circuit Judge.
Citation877 F.3d 272
Parties Ruder M. CALDERON–RAMIREZ, Plaintiff–Appellant, v. James W. MCCAMENT, Acting Director, United States Citizenship and Immigration Services, and Elaine C. Duke, Acting Secretary of Homeland Security, Defendants–Appellees.
Docket NumberNo. 16-4220
Decision Date05 December 2017

877 F.3d 272

Ruder M. CALDERON–RAMIREZ, Plaintiff–Appellant,
v.
James W. MCCAMENT, Acting Director, United States Citizenship and Immigration Services, and Elaine C. Duke, Acting Secretary of Homeland Security, Defendants–Appellees.

No. 16-4220

United States Court of Appeals, Seventh Circuit.

Argued October 23, 2017
Decided December 5, 2017
Rehearing Denied January 19, 2018


Justin R. Burton, Lauren E. McClure, Attorneys, Kriezelman Burton & Associates, Chicago, IL, for Plaintiff–Appellant.

Lauren Crowell Bingham, Attorney, Department of Justice, Civil Division, Washington, DC, Craig A. Oswald, Attorney, Office of the United States Attorney, Chicago, IL, for Defendants–Appellees.

Before Bauer and Hamilton, Circuit Judges, and Darrow,* District Judge.

Bauer, Circuit Judge.

Ruder Calderon–Ramirez, a native and citizen of Guatemala, filed a petition for U Nonimmigrant Status on February 5, 2015. Due to a significant backlog, Ramirez is waiting to be evaluated for the waiting list. On August 15, 2016, he filed a petition for writ of mandamus in the Northern District of Illinois requesting that the district court compel Leon Rodriguez, Director of Homeland Security, and Jeh Johnson, Secretary of Homeland Security, (collectively, "Defendants"), to adjudicate his U-visa petition. Ramirez argues the wait to be placed on the waiting list is unreasonable. The district court granted the Defendants' motion to dismiss. Ramirez now appeals. For the reasons set forth below, we affirm.

I. BACKGROUND

In October 2000, Congress created the U-visa through the passage of the Victims of Trafficking and Violence Protection Act of 2000 ("the Act"), Pub. L. No. 106-386, Div. A, 114 Stat. 1464 (2000), codified at inter alia , 8 U.S.C. § 1101(a)(15)(U). The Act created a new nonimmigrant visa classification that permits immigrants who are victims of serious crimes and who assist law enforcement to apply for and receive a nonimmigrant visa called a U-visa. Id. The U-visa provides legal status to petitioners and qualifying family members to apply for work authorization and remain in the United States. Id. In order to qualify, the Department of Homeland Security must determine that: (1) the petitioner "suffered substantial physical or mental abuse as a result of having been a victim of criminal activity "; (2) the petitioner "possesses information concerning [the] criminal activity"; (3) the petitioner has been, is, or is likely to be helpful to government officials regarding the criminal activity; and, (4) the criminal activity at issue occurred in or violated the laws of the United States. 8 U.S.C. § 1101(a)(15)(U)(i)(I-IV).

Congress enacted a statutory cap of 10,000 U-visas each fiscal year. 8 U.S.C. § 1184(p)(2)(A). Because of this cap, a waiting list exists for petitioners seeking adjudication. 8 C.F.R. § 214.14(d)(2). This results in two separate waiting periods and two adjudications for each petitioner—one for placement on the waiting list and one to receive a U-visa. United States Citizenship and Immigration Services ("USCIS") will grant eligible petitioners and qualifying family members on the waiting list deferred action and work authorization while they wait for final adjudication. Id. However, those who are waiting to be placed on the waiting list are not granted this benefit.

Ramirez, a native and citizen of Guatemala, entered the United States in April 2002 and has remained here since. On

877 F.3d 275

August 16, 2014, he was stabbed in his back and leg during a felonious assault.

On February 5, 2015, USCIS received Ramirez's Form I–918, Petition for U Nonimmigrant Status, Form I–192, Application for Advance Permission to Enter as a Nonimmigrant, and to waive his entry without inspection into the country. Since then, Ramirez has been waiting for his petition to be evaluated so he can be...

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  • Uranga v. U.S. Citizenship & Immigration Servs., Civil Action No. 20-0521 (ABJ)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • September 28, 2020
    ...to be unreasonable, while concluding that delays within the realm of 1-2 years were reasonable. See Calderon-Ramirez v. McCament , 877 F.3d 272 (7th Cir. 2017) (finding that delay of over 1 year was not unreasonable); Camarena v. Cuccinelli , No. 19 C 5643, 2020 WL 550597, at *3 (N.D. Ill. ......
  • South Carolina v. United States, No. 18-1148
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • October 26, 2018
    ...action") (citing Sierra Club v. Thomas , 828 F.2d 783, 794-95 & nn. 77-80 (D.C. Cir. 1987) ); see also Calderon-Ramirez v. McCament , 877 F.3d 272, 276 (7th Cir. 2017) (same). As a result, the Opinion correctly concluded that DOE’s failure to comply with § 2566(c) entitled South Carolina to......
  • Gonzalez v. Cuccinelli, No. 19-1435
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • January 14, 2021
    ...1101(a)(27)(J) ; Trafficking Victims Protection Reauthorization Act, Pub. L. No. 110-457, 122 Stat. 5044 ; Calderon-Ramirez v. McCament , 877 F.3d 272, 276 (7th Cir. 2017) (finding no timeline for U-Visa adjudications generally). These textual and structural arguments confirm that the Secre......
  • Town of Ogden Dunes v. United States Dep't of Interior, 2:20-CV-34-TLS-JEM
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • March 10, 2022
    ...have the authority to issue a writ of mandamus to compel an agency to perform a duty owed to a plaintiff.” Calderon-Ramirez v. McCament, 877 F.3d 272, 275 (7th Cir. 2017) (citing 28 U.S.C. § 1361). Such relief “will be granted if the plaintiff can demonstrate that the three enumerated condi......
  • Request a trial to view additional results
100 cases
  • Uranga v. U.S. Citizenship & Immigration Servs., Civil Action No. 20-0521 (ABJ)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • September 28, 2020
    ...to be unreasonable, while concluding that delays within the realm of 1-2 years were reasonable. See Calderon-Ramirez v. McCament , 877 F.3d 272 (7th Cir. 2017) (finding that delay of over 1 year was not unreasonable); Camarena v. Cuccinelli , No. 19 C 5643, 2020 WL 550597, at *3 (N.D. Ill. ......
  • South Carolina v. United States, No. 18-1148
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • October 26, 2018
    ...action") (citing Sierra Club v. Thomas , 828 F.2d 783, 794-95 & nn. 77-80 (D.C. Cir. 1987) ); see also Calderon-Ramirez v. McCament , 877 F.3d 272, 276 (7th Cir. 2017) (same). As a result, the Opinion correctly concluded that DOE’s failure to comply with § 2566(c) entitled South Carolina to......
  • Gonzalez v. Cuccinelli, No. 19-1435
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • January 14, 2021
    ...1101(a)(27)(J) ; Trafficking Victims Protection Reauthorization Act, Pub. L. No. 110-457, 122 Stat. 5044 ; Calderon-Ramirez v. McCament , 877 F.3d 272, 276 (7th Cir. 2017) (finding no timeline for U-Visa adjudications generally). These textual and structural arguments confirm that the Secre......
  • Town of Ogden Dunes v. United States Dep't of Interior, 2:20-CV-34-TLS-JEM
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • March 10, 2022
    ...have the authority to issue a writ of mandamus to compel an agency to perform a duty owed to a plaintiff.” Calderon-Ramirez v. McCament, 877 F.3d 272, 275 (7th Cir. 2017) (citing 28 U.S.C. § 1361). Such relief “will be granted if the plaintiff can demonstrate that the three enumerated condi......
  • Request a trial to view additional results

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