Monica Navarro Pimentel v Susan Dreyfus
670 F.3d 1096
9th Cir.2012Background
- Pimentel represents a class of legal immigrants in Washington challenging the termination of the state-funded Food Assistance Program for Legal Immigrants (FAP).
- DSHS ended FAP in Feb. 2011 due to budget cuts, while federal SNAP benefits remained available to eligible non-citizens and citizens.
- DSHS administers both SNAP and FAP under a unified Basic Food framework, but FAP and SNAP are distinct programs funded by different sovereignties.
- Pimentel, a qualified alien and VAWA petitioner, previously received FAP benefits and later adjusted eligibility for federal benefits.
- The district court issued a TRO and preliminary injunction enjoining FAP termination and requiring individualized notices for certain class members; the state appealed.
- The Ninth Circuit reversed, vacated the injunction, and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination of FAP violated equal protection. | Pimentel—Pimentel | Dreyfus—DSHS | No equal protection violation; no similarly situated individuals shown. |
| Whether termination violated due process on notice grounds. | Pimentel lacked adequate notice | DSHS followed procedural norms; FAP is no longer a property interest | No due process violation; no protectable property interest in FAP after repeal. |
| Standing and procedural posture of class claims. | Class benefits were imperiled; standing premised on Pimentel | Plaintiff lacks standing for SN A due process claims; class inherits standing | Pimentel and class lacked standing for merits; injunction voided and remanded. |
Key Cases Cited
- Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7 (U.S. 2008) (four-part preliminary injunction standard and public-interest balance in Winter framework)
- Guzman v. Shewry, 552 F.3d 941 (9th Cir. 2009) (sliding-scale approach to injunctions; fair chance of merit needed)
- Town of Castle Rock v. Gonzales, 545 U.S. 748 (U.S. 2005) (entitlements defined by state law; not constitutionally guaranteed)
