Mejia v. U.S. Immigration and Custom Enforcement


UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) MARTA ALICIA MEJIA, on behalf of ) E.G.S., a minor, ) ) Plaintiffs, ) ) v. ) Civil Action No. 18-2096 (PLF) ) U.S. IMMIGRATION AND CUSTOMS ) ENFORCEMENT, et al., ) ) Defendants. ) ____________________________________) MEMORANDUM OPINION AND ORDER The matter is before the Court on the motion [Dkt. No. 20] of plaintiffs Marta Alicia Mejia and her great-grandson, E.G.S., to transfer venue to the United States District Court for the Southern District of California. Defendants – various federal agencies and officials responsible for enforcing immigration laws and regulations – oppose the motion. Upon careful consideration of the parties’ written submissions, the relevant legal authorities, and the entire record in this case, the Court will deny the motion. 1 1 In connection with the pending motion, the Court has reviewed the following filings, including the exhibits attached thereto: Complaint (“Compl.”) [Dkt. No. 1]; Plaintiffs’ Motion for Temporary Restraining Order (“TRO Mot.”) [Dkt. No. 2]; September 6, 2018 Order Granting Temporary Restraining Order (“Sept. 6, 2018 TRO Order”) [Dkt. No. 3]; September 6, 2018 Hearing Transcript (“TRO Hr’g Tr.”) [Dkt. No. 4]; Joint Status Report (“JSR”) [Dkt. No. 10]; Plaintiffs’ Motion for Preliminary Injunction (“PI Mot.”) [Dkt. No. 11] and Memorandum in Support (“PI Mem.”) [Dkt. No. 11-1]; Declaration of Rhina Martinez (“Martinez Decl.”) [Dkt. No. 11-2]; Declaration of Marta Alicia Mejia (“Mejia Decl.”) [Dkt. No. 13-1]; Defendants’ Opposition to PI Motion (“PI Opp’n”) [Dkt. No. 15]; Plaintiffs’ Motion to Transfer Venue (“Transfer Mot.”) [Dkt. No. 20]; September 25, 2018 Order Extending Temporary Restraining Order (“Sept. 25, 2018 TRO Order”) [Dkt. No. 21]; Defendants’ Opposition to Transfer Motion (“Transfer Opp’n”) [Dkt. No. 22]; and Plaintiffs’ Reply in Support of Transfer Motion (“Transfer Reply”) [Dkt. No. 23]. I. BACKGROUND After crossing the U.S.-Mexico border together on June 1, 2018, five-year-old E.G.S. and his sixty-year-old great-grandmother were detained and separated by border officials. See Compl. ¶ 22. Ms. Mejia asserts that she is the sole primary caregiver, legal guardian, and adoptive parent of E.G.S. See Compl. at 3 and ¶¶ 3, 16; Mejia Decl. ¶ 2. She explains that she took custody of E.G.S. shortly after he was born because he was born prematurely and required extensive medical care. See Compl. ¶ 17; Mejia Decl. ¶ 4; Martinez Decl. ¶ 3. The biological parents of E.G.S. have not been involved in his care. See PI Mem. at 2-3. While she was detained in Texas, Ms. Mejia applied for asylum based on threats of violence she received from gang members in Honduras. See Compl. ¶ 26. Immigration authorities conducted a credible fear interview in connection with Ms. Mejia’s asylum application on June 15, 2018. See id.; Mejia Decl. ¶ 20. After receiving a negative credible fear determination, Ms. Mejia was scheduled to be removed from the United States on September 7, 2018. See Compl. ¶ 28. Meanwhile, E.G.S. was initially placed with a foster mother in New York who allegedly abused him. ...

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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals