Shumye v. Felleke, C06-03322 MJJ.

• Decision Date: 04 April 2008
• Docket Number: No. C06-03322 MJJ.,C06-03322 MJJ.
• Citation: 555 F.Supp.2d 1020
• Parties: Rebecca T. SHUMYE, Plaintiff, v. Samuel D. FELLEKE, Defendant.
• Court: U.S. District Court — Northern District of California

555 F.Supp.2d 1020

Rebecca T. SHUMYE, Plaintiff, v. Samuel D. FELLEKE, Defendant.

No. C06-03322 MJJ.

United States District Court, N.D. California.

April 4, 2008.

COPYRIGHT MATERIAL OMITTED

Rebecca T. Shumye, Oakland, CA, pro se.

Tesfaye Wolde Tsadik, Law Offices of Tesfaye Tsadik, Oakland, CA, for Defendant.

MARTIN J. JENKINS, District Judge.

ORDER:

(1) GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

(2) DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

INTRODUCTION

Before the Court is Plaintiff Rebecca Shumye's ("Plaintiff) Motion for Summary Judgment (Docket No. 90, hereafter "Plf.'s Motion") and Defendant Samuel D. Felleke's ("Defendant") Motion for Summary Judgment (Docket No. 105, hereafter "Def.'s Motion"). After reviewing the parties' submissions, the Court deems both motions suitable for resolution without oral argument.

For the following reasons, the Court GRANTS IN PART AND DENIES IN PART Defendant's Motion and DENIES Plaintiffs Motion.

FACTUAL BACKGROUND

Plaintiff, a citizen of Ethiopia, arrived in the United States in November 1998 to marry Defendant. Defendant, a United States citizen, sponsored Plaintiff and signed an Affidavit of Support Form 1-864 ("Form 1-864"). (Shumye Decl., Exh. A.) Plaintiff and Defendant were married in January 1999. The couple separated in October 1999. In 2003, they filed for divorce. In 2005, Plaintiff and Defendant agreed to a divorce settlement in which Defendant agreed to pay Plaintiff the sum of $49,000. (Shumye Decl., Exh E.) The payment satisfied settlement of the couple's California community property rights "including but not limited to the real properties at Cecilia Avenue and Henderson Drive, the Vanguard and Schwab accounts, Husband's retirement benefits, reimbursements, and all attorney fee issues and orders...." (Id.) The property settlement was made without prejudice to any and all of Plaintiffs INS and/or immigration claims. (Id.)

In May 2005, Plaintiff filed this claim to enforce Defendant sponsor's financial obligations under the Form 1-864 and for damages. In October 2007, Plaintiff filed a motion asking the Court "for judgment in Plaintiffs favor for the relief demanded" in her complaint, requesting that Defendant honor his financial obligations under the Form 1-864 and for damages that occurred as a result of Defendant's breach of his financial obligations. (Plf.'s Motion at 1, 14.) The Court construes Plaintiffs Motion as a Rule 56 motion for summary judgment on her affirmative claim.

In November 2007, Defendant also filed a Motion for Summary Judgment asking the Court to "grant judgment in Defendant's favor on Plaintiffs claim for breach of affidavit support." For purposes of his Motion, Defendant concedes that there is a valid Form 1-864 and that Plaintiff has the right to sue for enforcement of that Form 1-864. However, Defendant asserts that Plaintiff cannot show that Defendant has breached any obligation under the Form 1-864, and cannot prove that she has been damaged. Defendant further contends that undisputed evidence establishes that Plaintiffs income was above 125% of the poverty line during the years in question.

Plaintiff is currently proceeding pro se in this action.

LEGAL STANDARD

Rule 56(c) of the Federal Rules of Civil Procedure authorizes summary judgment if there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. See Anderson v. Liberty Lobby, Inc., All U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The moving party bears the initial burden of demonstrating the basis for the motion and identifying the portions of the pleadings, depositions, answers to interrogatories, affidavits, and admissions on file that establish the absence of a triable issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). If the moving party meets this initial burden, the burden then shifts to the non-moving party to present specific facts showing that there is a genuine issue for trial. Fed.R.Civ.P. 56(e); Celotex, All U.S. at 324, 106 S.Ct. 2548; Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). The non-movant's bare assertions, standing alone, are insufficient to create a material issue of fact and defeat a motion for summary judgment. Anderson, All U.S. at 247-48, 106 S.Ct. 2505. An issue of fact is material if, under the substantive law of the case, resolution of the factual dispute might affect the case's outcome. Id. at 248, 106 S.Ct. 2505. Factual disputes are genuine if they "properly can be resolved in favor of either party." Id. at 250, 106 S.Ct. 2505. Thus, a genuine issue for trial exists if the non-movant presents evidence from which a reasonable jury, viewing the evidence in the light most favorable to that party, could resolve the material issue in its favor. Id. However, "[i]f the [nonmovant's] evidence is merely colorable, or is not significantly probative, summary judgment may be granted." Id. at 249-50, 106 S.Ct. 2505 (internal citations omitted).

ANALYSIS

I. Defendant's Motion For Summary Judgment.

A. A Sponsored Immigrant Can Sue To Enforce A Sponsor's Form 1-864 Obligation.

For purposes of his motion, Defendant concedes that there is a valid Form 1-864 and that Plaintiff has the right to sue for enforcement of that Form 1-864.

Certain classes of immigrants may be deemed inadmissible including but not limited to, those that may be likely to become a public charge. See 8 U.S.C. § 1182(a)(4). Family-sponsored immigrants seeking admission are admissible only if the person petitioning for the immigrants' admission signs an Affidavit of Support Form 1-864. A Form 1-864 is a legally enforceable contract between the sponsor and both the United States Government and the sponsored immigrant. See Schwartz v. Schwartz, 2005 U.S. Dist. LEXIS 43936 at *1-2, 2005 WL 1242171 (W.D.Okla. May 10, 2005). The signing sponsor submits himself to the personal jurisdiction of any court of the United States or of any State, territory, or possession of the United States if the court has subject matter jurisdiction of a civil lawsuit to enforce the Form 1-864. See 8 U.S.C. § 1182(a).

The express terms of the Form 1-864 state that by signing the Form 1-864, the sponsor is obligated to provide the sponsored immigrant with whatever support is necessary to maintain the sponsored immigrant at an annual income that is at least 125% of the federal poverty level annual guideline. By signing a Form 1-864 the "sponsor agrees to provide support to maintain the sponsored alien at an annual income that is not less than 125 percent of the Federal poverty line during the period in which the affidavit is enforceable." 8 U.S.C. § 1183a(1)(A). Federal courts have consistently found that a Form 1-864 constitutes a legally binding and enforceable contract between sponsor and a sponsored immigrant. Cheshire v. Cheshire, 2006 U.S. Dist. LEXIS 26602 at *9, 2006 WL 1208010 (M.D.Fla. May 4, 2006). The terms of the Form 1-864 provide for the appropriate "measure of damages that would put plaintiff in as good a position as she would have been had the contract been performed." Stump v. Stump, 2005 U.S. Dist. LEXIS 26022 at *21, 2005 WL 1290658 (N.D.Ind. May 27, 2005). A sponsor may also be held liable for legal fees and other costs of collection. See 8 U.S.C. § 1183a(c).

The sponsor's obligation under Form 1-864 terminates only if one of five conditions is met: (1) the sponsor dies, (2) the sponsored immigrant dies, (3) the sponsored immigrant becomes a U.S. citizen, (4) the sponsored immigrant permanently departs the U.S., or (5) the sponsored immigrant is credited with 40 qualifying quarters of work. See 8 U.S.C. § 1183a(a)(2). Divorce is not a condition under which the sponsor's obligations under Form 1-864 can be terminated. See Schwartz, 2005 U.S. Dist. LEXIS 43936 at *1-2, 2005 WL 1242171. The sponsored immigrant is not required to notify the sponsor when one of the conditions has been satisfied. See Cheshire, 2006 U.S. Dist. LEXIS 26602 at *13, 2006 WL 1208010.

B. Contrary To Defendant's Position, Plaintiffs Income In Each Calendar Year Must Be Analyzed Separately To Determine Whether Defendant Has Breached The Form 1-864.

Defendant argues that to determine whether there is liability, the Court should look at Plaintiffs aggregate income, rather than analyzing each calendar year separately. In particular, Defendant argues that the Court should look at Plaintiffs total income from 2001 through 2007, and subtract it from the sum of the 125% poverty thresholds during those years. The Court disagrees, and finds this method inconsistent with the requirement under 8 U.S.C. § 1183(a)(1)(A) that Defendant maintain Plaintiff "at an annual income" that is not less than the 125% poverty threshold. "The Affidavit of Support provides for the measure of damages that would put the Plaintiff in as good a position as she would have been in had the contract been performed." See Stump, 2005 U.S. Dist. LEXIS 26022 at *21, 2005 WL 1290658. To be placed in as good a position as she would have been had Defendant performed his support obligation on an annual basis, this Court must compare Plaintiffs income against the 125% poverty threshold for each individual year in question. The Court is not persuaded that the aggregate method advanced by Defendant, which was used by the Court in Cheshire, provides the proper measure for liability and damages, and will not follow that approach.

C. Defendant's Evidence Of Plaintiffs Alleged Income Does Not Establish That There Was No Breach Of The Agreement.

Analyzing Plaintiffs income individually for each year from 2000 through 2007, the Court first notes that Plaintiff concedes that her income was at least 125% of the federal poverty guidelines in the years 2000, 2001, 2002, 2004, and 2005. (Plf's Motion at 5.) The court will therefore...