Case: Alfaro-Orellana v. Ilchert

3:88-cv-04729 | U.S. District Court for the Northern District of California

Filed Date: Dec. 5, 1988

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Case Summary

In 1988 a group of aliens seeking asylum brought a class action lawsuit in the United States District Court for the Northern District of California, seeking an interpretation of the Refugee Act of 1980; 8 U.S.C. §1158(a), as amended. Plaintiffs sought the authority to continue working while their asylum applications were pending. They brought the case pursuant to the Immigration and Nationality Act, 8 U.S.C. §1329 and Administrative Procedure Act, 5 U.S.C. §§ 701-706 and sought declaratory an…

In 1988 a group of aliens seeking asylum brought a class action lawsuit in the United States District Court for the Northern District of California, seeking an interpretation of the Refugee Act of 1980; 8 U.S.C. §1158(a), as amended. Plaintiffs sought the authority to continue working while their asylum applications were pending. They brought the case pursuant to the Immigration and Nationality Act, 8 U.S.C. §1329 and Administrative Procedure Act, 5 U.S.C. §§ 701-706 and sought declaratory and injunctive relief, as well as class certification.

The District Court (Judge J. Legge) granted a preliminary injunction and issued a temporary restraining order. He did not certify the case as a class action, finding that the contested issue was one of statutory interpretation, for which class procedures were unnecessary. The parties then filed cross-motions for summary judgment.

On August 18, 1989, Judge Legge entered summary judgment in favor of plaintiffs, holding that aliens that filed non-frivolous applications for asylum were entitled to work authorizations during entire pendency of application process. He ordered the INS to take prompt action in granting the requested work authorizations for asylum applicants. Alfaro-Orellana v. Ilchert, 720 F.Supp. 792 (N.D. Cal. 1989).

We have no further information on this case.

Summary Authors

Brian Ponton (8/31/2007)

People


Judge(s)

Legge, Charles A. (California)

Attorneys(s) for Plaintiff

Kaufman, Jonathan M. (California)

Attorneys(s) for Defendant

Kamlet, Susan (California)

Russoneillo, Joseph P. (California)

Judge(s)

Legge, Charles A. (California)

Attorneys(s) for Plaintiff

Kaufman, Jonathan M. (California)

Attorneys(s) for Defendant

Kamlet, Susan (California)

Russoneillo, Joseph P. (California)

Documents in the Clearinghouse

Document

3:88-cv-04729

Opinion

720 F.Supp. 792

Aug. 18, 1989

Aug. 18, 1989

Order/Opinion

Resources

Docket

Last updated Aug. 12, 2022, 3:04 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Dec. 5, 1988

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Unknown number of aliens who were seeking asylum

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Immigration and Naturalization Service, Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Availably Documents:

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 1989 - None

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Asylum - procedure

Employment

Work authorization - criteria