Rafael Linares v. Broward County ( 2014 )

Case: 14-30477 Document: 00512878920 Page: 1 Date Filed: 12/22/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-30477
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
December 22, 2014
RAFAEL ALBERTO LLOVERA LINARES,
Lyle W. Cayce
Clerk
Petitioner-Appellant
v.
SHERIFF’S OFFICE OF BROWARD COUNTY,
Respondent-Appellee
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 1:13-CV-3289
Before DAVIS, CLEMENT, and COSTA, Circuit Judges.
PER CURIAM: *
Rafael Alberto Llovera Linares was convicted of driving under the
influence and aggravated fleeing and evading law enforcement in Broward
County, Florida, in 2007. He was ordered removed to Venezuela, and that
order became administratively final in September 2011. Llovera Linares
wishes to file a “U-Visa” petition under 8 U.S.C. § 1101(a)(15)(U)(i), and he
moved the district court for injunctive relief in the form of a certification that
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 14-30477 Document: 00512878920 Page: 2 Date Filed: 12/22/2014
No. 14-30477
would allow him to file such a petition. The district court denied the motion,
and Llovera Linares now appeals.
A U-Visa is a type of visa that “can be granted to victims of certain listed
crimes who later help United States law enforcement officials investigate or
prosecute those crimes.” Ordonez Orosco v. Napolitano, 598 F.3d 222, 224 (5th
Cir. 2010); § 1101(a)(15)(U). Llovera Linares contends that the district court
erred in denying him relief because he has made out a prima facie case of
eligibility for a U-Visa under § 1101(a)(15)(U)(i). A U-Visa petition must be
accompanied by a certification from “a Federal, State, or local law enforcement
official, prosecutor, judge, or other Federal, State, or local authority
investigating” certain types of enumerated criminal activity of which the
petitioning alien has been a victim. 8 U.S.C. § 1184(p)(1). The pertinent
federal regulation requires that the person signing the certification have
“responsibility for the detection, investigation, prosecution, conviction, or
sentencing of qualifying criminal activity.” 8 C.F.R. § 214.14(c)(2)(i).
Llovera Linare’s U-Visa petition would be based on his claims that the
law enforcement officials involved in the Broward County incident engaged in
qualifying criminal activity. The decision whether to issue a certification for a
U-Visa petition is a discretionary one. Ordonez Orosco, 598 F.3d at 226-27.
The district court did not abuse its discretion in determining that it was not
qualified to issue the certification for Llovera Linares, and the denial of Llovera
Linares’s motion for injunctive relief is AFFIRMED. Llovera also moves to
have this court compel various agencies to launch an investigation into the
Broward County incident, and he requests that a judge of this court issue the
certification that would allow him to file a U-Visa petition. These motions, as
well as any other outstanding motions, are DENIED.
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