Case: Stokes v. U.S. Immigration and Naturalization Service

1:74-cv-01022 | U.S. District Court for the Southern District of New York

Filed Date: March 5, 1974

Closed Date: 1975

Clearinghouse coding complete

Case Summary

In 1975, two U.S. citizens who married alien citizens of Guyana, filed suit in the United States District Court for the Southern District of New York, challenging the INS procedure for determining whether to grant preferential status on the ground that said alien was an "immediate relative" of a U.S. citizen. Each plaintiff met his wife visiting the U.S. on a non-immigrant visas. The couples were married in civil ceremonies and each man filed a Form I-130 petition on behalf of his wife for de…

In 1975, two U.S. citizens who married alien citizens of Guyana, filed suit in the United States District Court for the Southern District of New York, challenging the INS procedure for determining whether to grant preferential status on the ground that said alien was an "immediate relative" of a U.S. citizen. Each plaintiff met his wife visiting the U.S. on a non-immigrant visas. The couples were married in civil ceremonies and each man filed a Form I-130 petition on behalf of his wife for designation as an "immediate relative," with consequent preferential immigration status. The INS investigated the I-130 petitions, referring one to criminal investigators and ruling unfavorably in the other. In their lawsuit, plaintiffs challenged the constitutionality of provisions of the Immigration and Nationality Act 8 U.S.C. §§ 1154, 1225 and 1357, regulations found in 8 C.F.R. §§ 103.2 and 204.1(a), and Form I-130. Plaintiffs sought declaratory and injunctive relief, as well as class certification. Plaintiffs also requested that a three-judge panel be convened to rule on their constitutional challenge to the federal statutes.

The INS moved to dismiss for lack of subject matter jurisdiction to exhaust administrative remedies.

The District Court (Judge Brieant) found that the court had jurisdiction over the matter and denied the request for a three-judge panel as the challenge asserted by plaintiffs was to the implementing regulations of Immigration and Nationality Act and Form I-130, not the Act itself. The Court denied the motion for class certification as premature, pending further discovery. The Court also denied plaintiffs' application for a preliminary injunction because neither of plaintiffs' wives was under immediate threat of deportation. Stokes v. U.S., Immigration and Naturalization Service, 393 F.Supp. 24 (D.C.N.Y. 1975).

We have no further information on the disposition of the case.

Summary Authors

Dan Dalton (10/23/2007)

People


Judge(s)

Brieant, Charles L. Jr. (New York)

Attorneys(s) for Plaintiff

Barrett, Anita Fisher (New York)

Biervliet, Julius C. (New York)

Dicker, Morton B (New York)

Kirklin, John E. (New York)

Attorneys(s) for Defendant

Curran, Paul J. (New York)

Maguire, Mary P. (New York)

Other Attorney(s)

Active

Active

Active

Judge(s)

Brieant, Charles L. Jr. (New York)

Attorneys(s) for Plaintiff

Barrett, Anita Fisher (New York)

Biervliet, Julius C. (New York)

Dicker, Morton B (New York)

Kirklin, John E. (New York)

Attorneys(s) for Defendant

Curran, Paul J. (New York)

Maguire, Mary P. (New York)

Other Attorney(s)

Cohen, Vicki Jo (New York)

Cometa, Angelo T. (New York)

Mailman, Stanley (New York)

Martinez, Antonio C (New York)

Documents in the Clearinghouse

Document

1:74-cv-01022

Memorandum and Order

Stokes v. Immigration and Naturalization Services

393 F.Supp. 24

Jan. 9, 1975

Jan. 9, 1975

Order/Opinion

Resources

Docket

Last updated Aug. 15, 2022, 3:07 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: March 5, 1974

Closing Date: 1975

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Citizens whose alien wives had been denied "immediate relative" status

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

United States Immigration and Naturalization Service, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Due Process

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Content of Injunction:

Preliminary relief denied

Issues

Discrimination-basis:

Family discrimination

Immigration/Border:

Deportation - criteria

Deportation - judicial review

Family Separation

Status/Classification