ANDREA DANIEL NIETO RAMIREZ
v.
FLORIDA DEPT OF HWY SAFETY
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A Venezuelan national challenging the cancellation of her driver's license after presenting an expired B-2 temporary visa to the Florida Department of Highway Safety and Motor Vehicles. The court affirmed the cancellation because the applicant failed to present documentation proving legal presence in the United States.
The court held that the cancellation order was properly entered because the petitioner failed to present documents proving legal presence in the United States as required by the Department's Acceptable Document Table. Additionally, the petitioner received due process through notice of over 30 days before the cancellation became effective.
[1] A presumption of correctness applies to an administrative order when the petitioner fails to provide a sufficient record or supporting documentation for their claim of er…
[2] A petitioner must demonstrate a deprivation of due process to succeed on a claim challenging an administrative order.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the Department, which reviewed her documents and cancelled her license with more than 30 days' notice. Thus, she received due process.”
Establishes that the petitioner received procedural due process through advance notice of the cancellation
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Join FLexlaw to unlock all legal intelligenceAndrea Daniela Nieto Ramirez, a non-immigrant citizen of Venezuela, applied for a driver's license renewal on February 3, 2020. She presented a B-2 te…
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PER CURIAM.
On February 3, 2020, Andrea Daniela Nieto Ramirez, a non-immigrant citizen of Venezuela, went to a driver's license office to apply for a driver's license renewal. She presented several documents to the Department of Highway Safety and Motor Vehicles ("the Department") in support of her request to renew her driver's license. These documents from the Department of Homeland Security did not prove that she was lawfully in the United States and therefore, the Department ordered her license cancelled, effective March 9, 2020. She challenges the cancellation in this Petition for Writ of Certiorari.
We review the order below to determine "whether or not the board provided procedural due process, observed the essential requirements of the law, and supported its findings by substantial competent evidence." City of Deerfield Beach v. Vaillant, 419 So. 2d 624, 626 (Fla. 1982).
First, the Petitioner has failed to provide this Court a sufficient record to support her claim. This Court ordered the Petitioner to file an appendix and transcript of any record of administrative proceedings. She has failed to comply with this order. As there were no proceedings below - petitioner merely presented documents to the driver's license office official and was rejected - and no documents support her claim of error, there is a presumption of correctness in the order. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979). Here, the Petitioner fails Page 2 of 4 [*2] to include any argument or facts which would support her contention that the order was wrong.
Second, the Petitioner has failed to demonstrate a deprivation of due process. She applied to the Department, which reviewed her documents and cancelled her license with more than 30 days' notice. Thus, she received due process.
Turning to the merits and application of law, the Petitioner's claim also fails. The documents the Petitioner presented to the Department would not entitle her to the renewal of her license. The Florida Department of Highway Safety and Motor Vehicles "Acceptable Document Table" included in the Respondent's appendix requires that the applicant, a non-citizen and non-immigrant, present documents to prove her legal presence in the United States. The Petitioner failed to do that. On February 3, 2020, the Petitioner presented the Department her B-2 (Temporary Visa) issued by Customs and Border Protection. According to this document, her authority for entry into the United States expired on January 1, 2019, 11 months earlier. She was required to file for an extension of her visa before its expiration. To justify her late-filed extension, the Petitioner was required to present extraordinary circumstances to Customs and Border Protection justifying the untimely request for extension. (Respondent's Appendix at p. 4) The Petitioner failed to provide any such justification for her late-filed extension. Because her immigration status had expired, Page 3 of 4 [*3] the order below cancelling the Petitioner's driver's license was correctly entered, and the Petition for Writ of Certiorari is therefore denied.
TRAWICK AND SANTOVENIA, JJ., concur. COPIES FURNISHED TO COUNSEL
OF RECORD AND TO ANY PARTY
NOT REPRESENTED BY COUNSEL.
Page 4 of 4 [*4] Copies Furnished to: [email protected] [email protected]