United States District Court, W.D. Washington, Seattle
ORDER GRANTING PLAINTIFFS' MOTION FOR CLASS
S. LASNIK UNITED STATES DISTRICT JUDGE.
matter comes before the Court on “Plaintiffs'
Motion for Class Certification.” Dkt. # 2. The three
named plaintiffs seek certification of a class of:
All individuals who have been issued predicate Special
Immigrant Juvenile Status (“SIJS”) orders by
Washington state courts after turning eighteen years old but
prior to turning twenty-one years old and have submitted or
will submit SIJS petitions to United States Citizenship and
Immigration Services (“USCIS”) prior to turning
twenty-one years old.
reviewed the memoranda, declarations, and exhibits submitted
by the parties, and having heard the arguments of counsel in
the context of the preliminary injunction motion, the motion
for class certification is GRANTED.
Plaintiffs and the Class Satisfy Fed.R.Civ.P. 23(a)
certifying a class, the Court must assure itself that the
proposed class satisfies the four prerequisites set forth in
(1) the class is so numerous that joinder of all members is
impracticable, (2) there are questions of law or fact common
to the class, (3) the claims or defenses of the
representative parties are typical of the claims or defenses
of the class, and (4) the representative parties will fairly
and adequately protect the interests of the class.
See In re Hyundai and Kia Fuel Economy Litig., 926
F.3d 539, 556 (9th Cir. 2019). Defendants apparently agree
that plaintiffs Moreno Galvez and Vicente Ramos are adequate
class representatives, but challenge their ability to
establish numerosity, commonality, or typicality.
Class's size is sufficiently numerous to meet the
requirement of numerosity. There are at least fifty-three
members in the proposed class. As a general rule, a potential
class of forty members is considered impractical to join.
Cox v. Am. Cast Iron Pipe Co., 784 F.2d 1546, 1553
(11th Cir. 1986); In re Banc of Cal. Sec. Litig.,
326 F.R.D. 640, 646 (C.D. Cal. 2018). Accordingly, plaintiffs
have met their burden of showing that the proposed class is
so numerous that joinder is impracticable.
meets the commonality requirement when “the common
questions it has raised are ‘apt to drive the
resolution of the litigation' no matter their number.
Jimenez v. Allstate Ins. Co., 765 F.3d 1161, 1165
(9th Cir. 2014). Here, plaintiffs allege that defendants have
implemented a policy requiring adjudicators to reject SIJS
determinations by Washington state courts if the juvenile is
over the age of eighteen. The class's common questions
o Whether the policy is procedurally defective.
o Whether the policy is in accordance with ...