Araujo v. United States

MEMORANDUM & ORDER Re: Plaintiffs’ and Defendant’s Cross-Motion for Summary Judgment

PATEL, Chief Judge.

This matter comes before the court on cross-motions for partial summary judgment regarding the impact of the Ninth Circuit’s decision in Castro-Cortez v. INS on this litigation. Plaintiffs claim that they are entitled to summary judgment on the issue of liability, since the Ninth Circuit has already decided that question in their favor. Defendant, meanwhile, argues that a different question was at issue in Castro-Cortez, and thus that the Ninth Circuit’s holding is functionally inapplicable…