The opinion of the court was delivered by: Hon. Manuel L. Real, United States District Judge
STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW; AND ORDER GRANTING DEFENDANTS SUMMARY JUDGMENT
The Motion to Transfer Venue Or, in the Alternative, Motion to Dismiss Or, in the Alternative, Motion for Summary Judgment brought by Defendants Eric H. Holder, in his official capacity as the Attorney General of the United States, and Janet Napolitano, in her official capacity as Secretary of the Department of Homeland Security, (collectively "Defendants") came on regularly for hearing on Monday March 2, 2009 before the Honorable Manuel L. Real, United States District Judge. The Court having considered the pleadings, memoranda of points and authorities, evidence and oral argument presented at the time of the hearing, makes the following findings of fact and conclusions of law:
1. On or about August 23, 2004, Plaintiff Daniel Radillo Jimenez submitted on application for class membership in the CSS/Newman class by filing Form I-687, "Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act," and Supplement worksheet thereto. Catholic Soc. Svcs., et al., v. Ridge, et al., (Civ. S-86-1343-LKK (E.D.Cal.) and Newman, et al., v. Ridge, et al., (No. CV 87-4757-WDK (C.D.Cal.)) Defs. Ex. 2 at 3.
2. In correspondence dated November 13, 2006, the United States Citizenship and Immigration Services ("USCIS") wrote Plaintiff Radillo Jimenez with its "Notice Of Intent To Deny Class Membership." Id. at 25-26.
3. Through counsel, on or about December 6, 2006, Plaintiff Radillo Jimenez replied to the "Notice of Intent To Deny Class Membership." Id. at 27-29.
4. In a decision dated February 7, 2007, USCIS denied Plaintiff Radillo Jimenez's August 23, 2004 application for class membership. The agency pointed to multiple inconsistencies in Plaintiff's record and declarations he made under oath as the reason for his failure to meet his burden of proof that it was more probable than not that he qualified for class membership. These included a claim of having filed an original Amnesty application in 1981, which was impossible because there was no such Amnesty program at the time. Id. at 18-19.
5. On February 28, 2007, Plaintiff Radillo Jimenez appealed his denial of class membership to the Special Master under the CSS/Newman Settlement Agreement who denied his appeal. The Special Master found that the Record of Proceeding was "indeed full of inconsistencies" which made it impossible to find in Plaintiff's favor. Id. at 15-16; Defs. Ex. 4.
6. Plaintiff Radillo Jimenez lodged his complaint in this instant matter on October 31, 2008.
1. Members of the class action suit that was settled by Catholic Social Services, et al., v. Ridge, at al., (Civ. S-86-1343-LKK (E.D.Cal.)) are those aliens who attempted to apply for temporary resident status under the 1986 Immigration Reform and Control act ("IRCA"), 8 U.S.c. § 1255(a)(1)(A), which directed that such applications would be accepted if, inter alia, those persons had resided continuously in the United States since 1982 and were physically present in the United States continuously since November 6, 1986.
2. To be eligible for class membership, persons must have applied for temporary resident status between May 5, 1987 and May 4, 1988. Reno v. Catholic Soc. Svcs., 509 U.S. 43 (1993).
3. Absences from the United States do not make an applicant, ipso facto, ineligible if they are ...