Case: Yi v. Maugans

1:93-cv-01702 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: Nov. 3, 1993

Closed Date: 2002

Clearinghouse coding complete

Case Summary

The "Golden Venture cases" involve the plight of several hundred Chinese undocumented aliens that were smuggled into the U.S. aboard a broken down cargo ship, the Golden Venture. The aliens each paid "snakeheads" (smugglers) up to $40,000 to gain passage on the Golden Venture, which sailed for 3 months before it ran aground in New York Harbor in June 1993. When the ship crashed, the aliens jumped overboard and tried to swim ashore. Several aliens drowned and several hundred were arrested and…

The "Golden Venture cases" involve the plight of several hundred Chinese undocumented aliens that were smuggled into the U.S. aboard a broken down cargo ship, the Golden Venture. The aliens each paid "snakeheads" (smugglers) up to $40,000 to gain passage on the Golden Venture, which sailed for 3 months before it ran aground in New York Harbor in June 1993. When the ship crashed, the aliens jumped overboard and tried to swim ashore. Several aliens drowned and several hundred were arrested and detained by the INS. About 145 of those arrested were transferred to York County Prison in Pennsylvania for detention.

Many of the detainees sought political asylum, claiming that they were fleeing tyrannical forces, including forced sterilizations and other coercive measures implemented as part of China's one-child population control policy. After their applications for asylum were denied, the aliens appealed to the Board of Immigration Appeals ("BIA") which dismissed their appeals. In 1993, numerous detainees filed petitions for habeas corpus in the United States District Court for the Middle District of Pennsylvania.

On November 15, 1993, the District Court (Judge Sylvia H. Rambo) consolidated all of the individual actions into one case, captioned Yang You Yi v. Maugans, No. 93-1702. Two days later, one of the petitioners moved for class certification and interim class relief. On November 24, 1993, the District Court conditionally certified a class of aliens that had exhausted their administrative remedies and issued a TRO to prevent their deportation. The Court appointed a petitioners' steering committee consisting of 6 attorneys who were charged with assisting the Court in coordinating the litigation. Within the committee, subcommittees were created for (1) individual petitioner issues, (2) substantive immigration law matters and (3) class action issues.

After considering the matter further, the Court de-certified the class and vacated its TRO. Yang v. Reno, 852 F.Supp. 316 (M.D.Pa. 1994). Plaintiffs appealed and the Third Circuit affirmed. Yi v. Maugans, 24 F.3d 500 (3rd Cir. 1994).

The petitioners asserted that the Clinton Administration was unduly exerting political pressure to deny their claims for asylum and withholding of deportation. They contended that the Administration was using them as an example to discourage other Chinese citizens from attempting to immigrate to the U.S. They sought discovery to prove their allegations of political interference. The government resisted and moved for a protective order limiting discovery. The trial court denied the motion and permitted discovery on the issue. Yang v. Reno, 157 F.R.D. 625 (M.D.Pa. 1994).

After discovery was completed, several petitioners moved partial summary judgment on the issue of whether they had effected an "entry" into the United States. The issue was critical because while undocumented immigrants had the right to request release on bond in connection with deportation, those caught outside the country trying to enter it illegally (exclusion cases), had no right to release. Judge Rambo found that the petitioners on the Golden Venture met the criteria for entry under the Immigration and Nationality Act and were therefore entitled to be released on bond. Chung v. Reno, 886 F.Supp. 1172 (M.D.Pa. 1995). The Third Circuit disagreed and reversed the grant of partial summary judgment. Yang v. Maugans, 68 F.3d 1540 (3rd Cir. 1995) Rehearing and suggestion for rehearing in banc was denied. Other subsequent summary judgment rulings were also ordered to be vacated by the Third Circuit in light of its opinion. You Yi Yang v. Maugans, 77 F.3d 466 (3rd Cir. 1996).

On March 13, 1996, the District Court issued its memorandum, holding that the petitioners were not entitled to an evidentiary hearing on their claim of political interference. The Court also determined that petitioners failed to present significant evidence on their equal protection claim - alleging that their asylum claims were adversely affected by their status as Golden Venture passengers. Yang v. Reno, 925 F.Supp. 320 (M.D.Pa. 1996).

The government then moved to dismiss all of the pending individual petitions for writs of habeas corpus. Judge Rambo denied the motion but ordered all petitioners, who believed that they had outstanding unresolved issues in their individual habeas petitions, to brief those issues. The PACER docket reflects various court action on individual petitions thereafter.

In October 1996, Judge Rambo stayed all proceedings on all habeas petitions in light of newly passed federal legislation, Section 601(a) of Illegal Immigration and Immigrant Responsibility Act of 1996 (IIRIRA). The Court ordered the petitioners' steering committee and the respondents to file case resolution proposals addressing the new law. After receiving the proposals and meeting with the parties, the Court remanded many of the petitioners' cases to Board of Immigration Appeals to reevaluate petitioners' claim for political asylum in light of IIRIRA.

From 1997 until the end of 2002, when the case was closed, the PACER docket reflects that the Court took various action on the individual petitions still pending before it.

Note that separate criminal proceedings were pursued against the snakeheads that smuggled the passengers of the Golden Venture. See e.g. United States v. Lee Peng Fei, 225 F.3d 167, 169-70 (2d Cir. 2000). News accounts reported that the lead smuggler Cheng Chui Ping, known as "the Mother of all Snakeheads," was captured abroad and eventually extradited to the U.S. were she was convicted for her involvement in the smuggling operation.

Summary Authors

Dan Dalton (12/29/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11560999/parties/yi-v-maugans/

Judge(s)

Alito, Samuel A. Jr. (New Jersey)

Attorney for Plaintiff

Adler, Enid H. (Pennsylvania)

Anderson, Carl J. (Pennsylvania)

Baird, Lisa A (Pennsylvania)

Attorney for Defendant

Andre, John J (District of Columbia)

Expert/Monitor/Master/Other
Judge(s)

Alito, Samuel A. Jr. (New Jersey)

Becker, Edward Roy (Pennsylvania)

Chen, Xiaomin (New York)

Cowen, Arnold Wilson (District of Columbia)

Greenberg, Morton Ira (New Jersey)

Hutchinson, William D. (Pennsylvania)

Lewis, Timothy K. (Pennsylvania)

Mansmann, Carol Los (Pennsylvania)

McKee, Theodore Alexander (Pennsylvania)

Nygaard, Richard Lowell (Pennsylvania)

Rambo, Sylvia H. (Pennsylvania)

Rosenn, Max (Pennsylvania)

Roth, Jane Richards (Delaware)

Sarokin, H. Lee (New Jersey)

Scirica, Anthony Joseph (Pennsylvania)

Sloviter, Dolores Korman (Pennsylvania)

Stapleton, Walter King (Delaware)

Attorney for Plaintiff

Adler, Enid H. (Pennsylvania)

Anderson, Carl J. (Pennsylvania)

Baird, Lisa A (Pennsylvania)

Bergere, Timothy J (Pennsylvania)

Bernstein, Martina (Pennsylvania)

Blake, Kurt A. (Pennsylvania)

Blynn, Terry Peyser (Pennsylvania)

Bortner, Michael (Pennsylvania)

Bricknell, Sarah M (Pennsylvania)

Butler, Patricia (Pennsylvania)

Carr, Ann (Pennsylvania)

Cavadel, Joel (Pennsylvania)

Cheerath, Ram M (Pennsylvania)

Chomsky, Judith Brown (Pennsylvania)

Cohen, Joshua D (Pennsylvania)

Cokely, E Paul (Pennsylvania)

Conner, Katherene Holtzinger (Pennsylvania)

Consevage, John B (Pennsylvania)

Converse, Stephen D (Pennsylvania)

Countess, Frank (Pennsylvania)

Crabbs, Muriel (Pennsylvania)

Crow, Edward L (Pennsylvania)

Donovan, Kevin M (Pennsylvania)

Dresdner, Cindi L (New York)

Dunlap, Hanna A (Pennsylvania)

Elliott, John R (Pennsylvania)

Ernico, Jeffrey A (Pennsylvania)

Garfinkle, Jill E (Pennsylvania)

Granbois, Katherine Pandelidis (Pennsylvania)

Grossman, Seth (Pennsylvania)

Haller, Anthony B (Pennsylvania)

Hess, Melvin H (Pennsylvania)

Hollinger, Linda (Pennsylvania)

Hom, Anthony J (Pennsylvania)

Ingersoll, Jared Ward (Pennsylvania)

Joseph, Willian F. (Pennsylvania)

Kitchenoff, Robert S (Pennsylvania)

Krout, Michael Jay (Pennsylvania)

Law, Tsiwen M (Pennsylvania)

Lenahan, William D (Pennsylvania)

Lord, Gerald A (Pennsylvania)

Maisch, David J (Pennsylvania)

Marcus, Patricia R (Pennsylvania)

Markey, Gavin Wayne (Pennsylvania)

Matson, Jennifer H (Pennsylvania)

McDougall, Mary A (Pennsylvania)

McHale, Joseph (Pennsylvania)

McLaughlin, Shawn P (Pennsylvania)

Morris, Helen (District of Columbia)

Musselman, Judith (Pennsylvania)

Narehood, Vivian B (Pennsylvania)

Newbold, Arthur E IV (Pennsylvania)

Noreika, Gloriana (Pennsylvania)

Ogden, John M (Pennsylvania)

Oh, Emma L (Pennsylvania)

O'Shea, Thomas D (Pennsylvania)

Pell, Daniel M (Pennsylvania)

Phillips, Sharon J (New York)

Place, Thomas M (Pennsylvania)

Points, Beverly J (Pennsylvania)

Poole, William H Jr (Pennsylvania)

Porges, Robert E (New York)

Prendergast, Kathleen (Pennsylvania)

Rausch, Charles A (Pennsylvania)

Rayer, Frances (Pennsylvania)

Reichow, Christopher William (Pennsylvania)

Rosenberg, Lory D. (District of Columbia)

Selfe, Loura A (Pennsylvania)

Shertzer, Daniel H Jr (Pennsylvania)

Shimizu, Eileen (Pennsylvania)

Shultis, Timothy J (Pennsylvania)

Simon, Jessamyne M (Pennsylvania)

Southworth, James E (Pennsylvania)

Tarlow, Marc G (Pennsylvania)

Trappen, William J (Pennsylvania)

Trebilcock, Craig T (Pennsylvania)

Weinstein, David H (Pennsylvania)

Wilson, Craig (New York)

Zampini, Melanie Albert (Pennsylvania)

Attorney for Defendant

Andre, John J (District of Columbia)

Barasch, David M (District of Columbia)

Bernal, David V. (District of Columbia)

Blanchard, Kathleen (Pennsylvania)

Bondy, Thomas M. (District of Columbia)

Cabral, Kristen A (District of Columbia)

Cho, Susie (District of Columbia)

Dawson, April Gordon (District of Columbia)

Deutsch, Stewart (District of Columbia)

Duffy, Edward J (District of Columbia)

Ellison, Brenda (District of Columbia)

Erb, William Campbell (District of Columbia)

Filppu, Lauri Steven (District of Columbia)

Friedman, Laura M. (District of Columbia)

Fuller, Christopher C (District of Columbia)

Funk, Stephen W. (District of Columbia)

Gomez, Jane (District of Columbia)

Grindler, Gary G (District of Columbia)

Hunger, Frank W. (District of Columbia)

Hunolt, James A. (District of Columbia)

Jones, Philemina McNeill (District of Columbia)

Loebl, Leah (District of Columbia)

Long, Robert Richard Jr (Pennsylvania)

Lopez-Wright, M Jocelyn (District of Columbia)

Marlow, Kristal (District of Columbia)

McConnell, David M. (District of Columbia)

Mullane, Hugh (District of Columbia)

Potuto, Tina (District of Columbia)

Reyna, Nelda C. (District of Columbia)

Schwartz, Norah Ascoli (District of Columbia)

Shapiro, Alexander H (District of Columbia)

Singer, Michael Jay (District of Columbia)

Terz, Joseph J. (Pennsylvania)

Vu, Quynh (District of Columbia)

Wernery, Linda S. (District of Columbia)

Expert/Monitor/Master/Other

Quan, Gordon (Texas)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

Document

1:93-cv-01702

Docket [PACER]

Dec. 13, 2002

Dec. 13, 2002

Docket
123

1:93-cv-01702

[Order]

Yang v. Reno

Jan. 5, 1994

Jan. 5, 1994

Order/Opinion

852 F.Supp. 316

94-07060

Opinion of the Court

U.S. Court of Appeals for the Third Circuit

May 5, 1994

May 5, 1994

Order/Opinion

24 F.3d 500

486

1:93-cv-01702

Memorandum [Re: Protective Order]

Yang v. Reno

Oct. 17, 1994

Oct. 17, 1994

Order/Opinion

157 F.R.D. 625

761

1:93-cv-01702

Memorandum [Re: Habeas Petition]

Chung v. Reno

May 16, 1995

May 16, 1995

Order/Opinion

886 F.Supp. 1172

95-07316

95-07317

95-07318

95-07319

95-07320

95-07321

Opinion of the Court

Yang v. Maugans

U.S. Court of Appeals for the Third Circuit

Oct. 24, 1995

Oct. 24, 1995

Order/Opinion

68 F.3d 1540

95-07316

95-07317

95-07318

95-07319

95-07320

95-07321

Opinion [Re: Rehearing]

Yang v. Reno

U.S. Court of Appeals for the Third Circuit

Dec. 27, 1995

Dec. 27, 1995

Order/Opinion

1995 U.S.App.LEXIS 37147

95-07441

95-07442

95-07443

95-07444

95-07445

95-07446

95-07447

95-07448

95-07479

Appellate Decision

Yang v. Maugans

U.S. Court of Appeals for the Third Circuit

Jan. 4, 1996

Jan. 4, 1996

Order/Opinion

77 F.3d 466

1116

1:93-cv-01702

Memorandum

Yang v. Reno

U.S. District Court for the Eastern District of Pennsylvania

March 13, 1996

March 13, 1996

Order/Opinion

925 F.Supp. 320

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11560999/yi-v-maugans/

Last updated Nov. 25, 2025, 3:34 p.m.

ECF Number Description Date Link Date / Link
1

PETITION FOR WRIT OF HABEAS CORPUS and complaint for injunctive and declaratory relief, w/ c of s. (cl) (Entered: 11/05/1993)

Nov. 3, 1993

Nov. 3, 1993

2

MOTION by petitioner Yang You Yi for emergency stay of exclusion to allow petition for writ of h/c and complaint for injunctive/declaratory relief w/ c of s. (cl) (Entered: 11/05/1993)

Nov. 3, 1993

Nov. 3, 1993

3

DOCUMENT - Board of Immigration Appeals' decision and Order filed by the petitioner. (cl) (Entered: 11/05/1993)

Nov. 3, 1993

Nov. 3, 1993

4

MINUTE SHEET: of conference for motion for Emergency Hearing/TRO held on 11/4/93 before Judge Rambo. (cl) (Entered: 11/05/1993)

Nov. 4, 1993

Nov. 4, 1993

5

ORDER by Judge Sylvia H. Rambo: 1) Upon agreement of cnsl, ptnrs in the captioned actions and those in any subsequently filed related cases before this court shall not be moved from their current location w/in the next 7 days. 2) Counsel shall confer and attempt to agree on a period of notice to be provided to counsel before a Petitioner will be moved to another location. Such notice shall provide an opportunity to seek meaningful relief. 3) On or before 11/10/93 Petitioners shall present to respondents requests for production and interrogatories. (cc: Butler, Gov't, Ct) (cl) (Entered: 11/05/1993)

Nov. 4, 1993

Nov. 4, 1993

6

PRAECIPE FOR ENTRY OF ATTORNEY APPEARANCE for respondent George Maugans, respondent David L. Milhollen by AUSA Robert Long. (cl) (Entered: 11/05/1993)

Nov. 4, 1993

Nov. 4, 1993

7

LETTER to AUSA Long regarding the conference call w/ Judge Rambo and AUSA Martin on 11/3/93 and the moving of the pltfs in 93-1702 and 93-1703. (cl) (Entered: 11/10/1993)

Nov. 8, 1993

Nov. 8, 1993

8

PRAECIPE: for entry of appearance by the attorney for petitioner Yang You Yi - Beverly Points, Esq. (cl) (Entered: 11/10/1993)

Nov. 8, 1993

Nov. 8, 1993

9

ORDER by JUdge Caldwell on behalf of Judge Sylvia H. Rambo: 1) Ptnrs in the captioned actions shall not be moved from their current location until at least November 22, 1993. 2) Ptnrs' brief in support of their request for a seven day notice period be fore transfer during the pendency of this litigation shall be filed no later than Monday, November 15, 1993. 3) the government shall file a response to the motion no later than 11/18/93. 4) No reply brief shall be filed without leave of court. (cc: Butler, Points, Long, Ct)) (cl) (Entered: 11/12/1993)

Nov. 10, 1993

Nov. 10, 1993

10

RECEIPT - for the $5.00 filing fee, #113736. Pd by the ptnrs' Atty. (cl) (Entered: 11/12/1993)

Nov. 10, 1993

Nov. 10, 1993

11

MOTION by petitioner Yang You Yi for extension of Emergency Stay of Exclusion and/or Transport to allow for writ of h/c... w/ c of s. (cl) (Entered: 11/12/1993)

Nov. 10, 1993

Nov. 10, 1993

12

AMENDMENT by petitioner Yang You Yi to habeas corpus petition [1-1] w/ exhibits and c of s. (cl) (Entered: 11/12/1993)

Nov. 10, 1993

Nov. 10, 1993

13

ORDER by Judge Sylvia H. Rambo: the gov't shall show cause by 11/15/93 why discovery on the limited area of the alleged White House interference in the orderly processing of the asylum petitions by immigration judges should not proceed. (cc: Butler, Points, Long, Ct) (cl) (Entered: 11/16/1993)

Nov. 12, 1993

Nov. 12, 1993

14

MINUTE SHEET: of conference held in chambers regarding discovery. Order issued regarding the matters discussed. (cl) (Entered: 11/16/1993)

Nov. 15, 1993

Nov. 15, 1993

15

ORDER by Judge Sylvia H. Rambo: 1) Petitioners shall file a brief supporting their requests for discovery on or before 11/19/93. 2) the gov't shall file a responsive brief on or before 11/26/93. 3) the show cause order dated 11/12/93 is withdrawn. (cc: Butler, Points, Long, Ct)) (cl) (Entered: 11/16/1993)

Nov. 15, 1993

Nov. 15, 1993

16

BRIEF by petitioner Yang You Yi in support of motion for EMERGENCY STAY of exclusion to allow petition for writ of h/c and complaint for injunctive/declaratory relief [2-1], w/ exhibits and c of s. (cl) (Entered: 11/16/1993)

Nov. 15, 1993

Nov. 15, 1993

17

ORDER of CONSOLIDATION by Judge Sylvia H. Rambo: 1) the captioned actions are consolidated for all purposes. 2) the Clerk of Court is directed to consolidate each of the captioned actions into 1:93-cv-1702 and close the files in 93-1703, 93-1733, 93-1739, 93-1756, 93-1766 & 93-1771. 3) All future documents filed in the consolidated action shall be filed un 93-1702. ( for acurate caption see order). For purposes of filings in this action, the caption may be shortened to Yang You Yi, et al v. George Maugans, et al. 4) the parties are advised that consolidation orders will issue for any related cases filed subsequent to this order. (cc: all counsel, Ct) (cl) (Entered: 11/16/1993)

Nov. 15, 1993

Nov. 15, 1993

18

CASE FILE 93-1703 (doc 1-16) consolidated into this case. (cl) (Entered: 11/16/1993)

Nov. 15, 1993

Nov. 15, 1993

19

CASE FILE 93-1733 (doc 1-11) consolidated into this case. (cl) (Entered: 11/16/1993)

Nov. 15, 1993

Nov. 15, 1993

20

CASE FILE 93-1739 (doc 1-9) consolidated into this case. (cl) (Entered: 11/16/1993)

Nov. 15, 1993

Nov. 15, 1993

21

CASE FILE 93-1756 (doc 1-12) consolidated into this case. (cl) (Entered: 11/16/1993)

Nov. 15, 1993

Nov. 15, 1993

22

CASE FILE 93-1766 (doc 1-8) consolidated into this case. (cl) (Entered: 11/16/1993)

Nov. 15, 1993

Nov. 15, 1993

23

CASE FILE 93-1771 ( doc 1-6) consolidated into this case. (cl) (Entered: 11/16/1993)

Nov. 15, 1993

Nov. 15, 1993

24

CASE FILE 93-1773 ( doc 1-6) consolidated into this case. (cl) (Entered: 11/16/1993)

Nov. 15, 1993

Nov. 15, 1993

25

ORDER by Judge Sylvia H. Rambo: consolidating 1:93-cv-1786 into this file. SEE ORDER FOR SPECIFICS. (cc:all cnsl, Ct) (cl) (Entered: 11/17/1993)

Nov. 16, 1993

Nov. 16, 1993

26

CASE FILE 1:93-cv-1786 ( doc 1-4) consolidated into this case. (cl) Modified on 11/17/1993 (Entered: 11/17/1993)

Nov. 16, 1993

Nov. 16, 1993

27

LETTER from Judge Rambo to cnsl in the first 8 cases filed on behalf of the detainees. RE the appointment of lead cnsl and suggestions as to the management of this this case. (cl) (Entered: 11/18/1993)

Nov. 16, 1993

Nov. 16, 1993

28

AMENDED PETITION by petitioner Yang You Yi and Pan Yong Zhong - RE doc [1-1] -two (2) respondents added. (cl) Modified on 11/18/1993 (Entered: 11/18/1993)

Nov. 17, 1993

Nov. 17, 1993

29

MOTION by petitioner Pan Yong Zhong for temporary restraining order, and for preliminary injunction w/ c of s. (cl) (Entered: 11/18/1993)

Nov. 17, 1993

Nov. 17, 1993

30

MOTION by petitioner Pan Yong Zhong to certify class action w/ c of s. (cl) (Entered: 11/18/1993)

Nov. 17, 1993

Nov. 17, 1993

31

ENTRY OF ATTORNEY APPEARANCE ( David Weinstein ) for petitioner Pan Yong Zhong (cl) (Entered: 11/18/1993)

Nov. 17, 1993

Nov. 17, 1993

32

ORDER by Judge Sylvia H. Rambo: consolidating 93-1798 into this case. SEE ORDER for specifics. (cc: all cnsl, Ct) (cl) (Entered: 11/18/1993)

Nov. 17, 1993

Nov. 17, 1993

33

CASE FILE 93-1798 ( doc 1,2) consolidated into this case. (cl) (Entered: 11/18/1993)

Nov. 17, 1993

Nov. 17, 1993

34

MINUTE SHEET: Conference for class certification held on 11/17/93 in chambers before Judge Rambo. (cl) (Entered: 11/18/1993)

Nov. 17, 1993

Nov. 17, 1993

35

ORDER by Judge Sylvia H. Rambo: 1) PTNRS' shall file a brief in support of their 11/17/93 motion for TRO and class certification by 11/24/93. 2) Respondents shall brief these issues by 12/6/93. (cc: allcnsl, Ct) (cl) (Entered: 11/18/1993)

Nov. 17, 1993

Nov. 17, 1993

36

BRIEF by respondents George Maugans, David L. Milhollen, Richard J. Sharkey, J. Scott Blackman, US INS., Exec. Off. for Imm., Richard Sharky, Janet Reno and Doris Meissner in opposition to motion for emergency stay of exclusion to allow petition for writ of h/c and complaint for injunctive/declaratory relief [2-1] and c of s; reply brief due 12/1/93. (jc) (Entered: 11/19/1993)

Nov. 18, 1993

Nov. 18, 1993

37

TRANSCRIPT - of proceedings on arguments relating to TRO held on 11/17/93. CTR: Vicki L. Fox (jc) (Entered: 11/19/1993)

Nov. 19, 1993

Nov. 19, 1993

38

BRIEF by petitioner Chang Chun Lu in support of motion for emergency stay of exclusion to allow petition for writ of h/c and complaint for injunctive/declaratory relief [2-1] with exh. attached and c of s. (jc) (Entered: 11/19/1993)

Nov. 19, 1993

Nov. 19, 1993

39

MOTION by petitioners to extend emergency stay of exclusion and/or transport pending resolution of discovery issues . Propo. (js) (Entered: 11/23/1993)

Nov. 19, 1993

Nov. 19, 1993

40

BRIEF FILED by petitioners in support of their request for production of documents and interrogatories. Exhibits. (js) (Entered: 11/23/1993)

Nov. 19, 1993

Nov. 19, 1993

41

SUPPLEMENTAL CERTIFICATE of SERVICE by respondents re respondents opposition to ptnr's motion for stay of deportation, etc. (cl) (Entered: 11/24/1993)

Nov. 19, 1993

Nov. 19, 1993

42

PRAECIPE FOR ENTRY OF ATTORNEY APPEARANCE for respondents (cl) (Entered: 11/24/1993)

Nov. 19, 1993

Nov. 19, 1993

43

MEMORANDUM AND ORDER: by Judge Sylvia H. Rambo - the government shall not move petitioners from their current place of confinement until 12/3/93. (cc: all counsel, Ct) (cl) (Entered: 11/24/1993)

Nov. 22, 1993

Nov. 22, 1993

44

Letter to court from petitioner Pan Yong Zhong, dated 11/18/93, regarding the hrg on the motion for TRO. (cl) (Entered: 11/24/1993)

Nov. 22, 1993

Nov. 22, 1993

45

RESPONSE by respondents to ptnr Pan Zhong's letter dated 11/18/93, w/ c of s. (cl) (Entered: 11/24/1993)

Nov. 22, 1993

Nov. 22, 1993

46

ORDER by Judge Sylvia H. Rambo: Consolidating 93-1809 into this case. See order for specifics. (cc: all counsel, Ct) (cl) (Entered: 11/24/1993)

Nov. 22, 1993

Nov. 22, 1993

47

CASE FILE of 1:93-cv-1809(docs 1-3) consolidated into this case. (cl) (Entered: 11/24/1993)

Nov. 22, 1993

Nov. 22, 1993

48

MOTION by petitioner Pan Yong Zhong to extend time to fle memo support mtn. for class cert. Conc. of defts. noted. (c/s) Propo. (js) Modified on 12/01/1993 (Entered: 11/26/1993)

Nov. 24, 1993

Nov. 24, 1993

49

ORDER- by Judge Sylvia H. Rambo: granting mtn. to extend time to file memo support mtn. for class cert. [48-1] [30-1]; brief in support due 11/29/93 (cc: Ct; all counsel) (js) (Entered: 11/26/1993)

Nov. 24, 1993

Nov. 24, 1993

50

LETTER to court from petitioners' cnsl. responding to the Ct's request for counsel to organize themselves & designate lead counsel. Petitioners' steering committee will consist of 6 attys- Craig Trebilcock & Beverly Points are co-chairs on individual petnr. issues; Frances Rayer & Kathleen Blanchard represent Phila-Allentown counsel; Lory Rosenberg is chair on substantive immigration law matters & David Weinstein is chair on class action issues. Mr. Weinstein's firm (Kohn, Nast & Graf, P.C.) has been designated as petnrs' Lead Counsel. (js) (Entered: 11/26/1993)

Nov. 24, 1993

Nov. 24, 1993

51

MEMORANDUM -of Judge Rambo: re: motions to certify class action [30-1], for TRO [29-1] and for prelim. inj. [29-2] (See Memo for complete background.) (cc: Ct; All MD of PA Judges; all cnsl.) (js) (ma, ). (Entered: 11/26/1993)

Nov. 24, 1993

Nov. 24, 1993

52

ORDER- by Judge Sylvia H. Rambo: A) conditionally granting mtn to certify class [30-1] - All nationals of the People's Repub. of China 1) who are now...confined w/in the MD of PA; 2) who have applied for & not abandoned a claim for withholding deportation; 3) who have received an adverse determin. of their claims from INS; 4) who have exhausted their admin. remedies; 5) who have not voluntarily chosen to return to their country of origin; B) granting motion for TRO [29-1]- Respondents shall not deport or transport any members of the above calss out of the US before 12/10/93; C) This order shall take effect upon the posting of $1.00 in security w/ the Clerk of Court. (cc: Ct; All MD of PA Judges; all counsel.) (js) (ma, ). (Entered: 11/26/1993)

Nov. 24, 1993

Nov. 24, 1993

53

ORDER- by Judge Sylvia H. Rambo: consolidating CV-93-1822 into CV-93-1702. The clerk is directed to close the file in CV-93-1822. All future pleadings in CV-93-1822 shall bear the number & caption of lead case CV-93-1702. Petnr. Chun Hua Lin apears to be included w/in the class certified by the Ct. in CV-93-1702 & his mtn. for stay of exclusion is dismissed as moot. (cc: Ct; All MD of PA Judges; all counsel) (js) (Entered: 11/26/1993)

Nov. 24, 1993

Nov. 24, 1993

54

DOCUMENT- CASE FILE FROM 1-CV-93-1822- Chun Hua Lin v. Sharkey- Consisting of Docus. 1-3 (js) (Entered: 11/26/1993)

Nov. 24, 1993

Nov. 24, 1993

57

STENO NOTES of argument on TRO proceedings held in chamgers on 11/17/93. Vicki L. Fox, Rptr. (Transcribed) NOTES PLACED IN BOX "HN-11" located in Hbg. Clerk's Office. (js) (Entered: 11/29/1993)

Nov. 24, 1993

Nov. 24, 1993

66

RECEIPT #111 113835- FOR $1.00 REMITTED BY Pepper, Hamilton & Scheetz law firm to active restraining order per terms of CJ Rambo's order. (js) (Entered: 11/30/1993)

Nov. 24, 1993

Nov. 24, 1993

55

CERTIFICATE OF SERVICE by So Gee Dong for his petn. for Hc upon the immigaration service counsel on 11/17/93. (js) (Entered: 11/26/1993)

Nov. 26, 1993

Nov. 26, 1993

56

CERTIFICATE OF SERVICE by petitioner So Gee Dong for his mtn. for emerg. stay upon the Immigration Service on 11/17/93. (js) (Entered: 11/26/1993)

Nov. 26, 1993

Nov. 26, 1993

58

NOTICE by all respondents to the Ct's 11/24/93 order concerning numerosity as an issue in the proposed class certification. (js) (Entered: 11/29/1993)

Nov. 26, 1993

Nov. 26, 1993

59

MOTION by All Respondents to extend time to file brief respecting discovery . Conc. of petnrs. noted. (c/s) Propo. (js) (Entered: 11/29/1993)

Nov. 26, 1993

Nov. 26, 1993

67

MOTION by respondents to extend time until 11/30/93 to file a brief re: discovery Cert. of conc. C/S & propo. (tm) (Entered: 11/30/1993)

Nov. 26, 1993

Nov. 26, 1993

60

EXHIBITS by Pan Young Zhong regarding his motion for preliminary injunction w/ c of s. (cl) (Entered: 11/29/1993)

Nov. 29, 1993

Nov. 29, 1993

61

CERTIFIED ADMINISTRATIVE RECORD of You YI Yang, filed by the Respondents (cl) (Entered: 11/29/1993)

Nov. 29, 1993

Nov. 29, 1993

62

CERTFIED ADMINISTRATIVE RECORD of So Gee Dong - filed by the respondents. (cl) (Entered: 11/29/1993)

Nov. 29, 1993

Nov. 29, 1993

63

CERTIFIED ADMINISTRATIVE RECORD OF Bong Won Yee filed by the respondents. (cl) (Entered: 11/29/1993)

Nov. 29, 1993

Nov. 29, 1993

64

MEMORANDUM by petitioner Pan Yong Zhong in support of his motion for class certification, w/ c of s. (cl) (Entered: 11/29/1993)

Nov. 29, 1993

Nov. 29, 1993

65

MEMORANDUM by petitioner Pan Yong Zhong in support of motion for preliminary injunction [29-2], w/ c of s. (cl) (Entered: 11/29/1993)

Nov. 29, 1993

Nov. 29, 1993

68

ORDER by Judge Sylvia H. Rambo granting motion of respondents to extend time until 11/30/93 to file a brief re: discovery [67-1] (cc: all counsel & Ct) (tm) (Entered: 11/30/1993)

Nov. 29, 1993

Nov. 29, 1993

69

RESPONSE by All Respondents in opposition to ptnr's request for production of documents and interrogatories, w/ c of s. (cl) (Entered: 12/01/1993)

Nov. 30, 1993

Nov. 30, 1993

70

LETTER to AUSA Long from petitioner Pin Lin, dated 11/30/93, regarding an " Information Program" prepared by the USA. Attached is copy of supplemental discovery request. (cl) (Entered: 12/01/1993)

Dec. 1, 1993

Dec. 1, 1993

71

CERTIFIED ADMINISTRATIVE RECORD of Chu Su Chen filed by the respondents. (cl) (Entered: 12/03/1993)

Dec. 3, 1993

Dec. 3, 1993

72

CERTIFIED ADMINISTRATIVE RECORD of Xin-Fei Chang filed by the respondents. (cl) (Entered: 12/03/1993)

Dec. 3, 1993

Dec. 3, 1993

73

CERTIFIED ADMINISTRATIVE RECORD of Guang Fen Li filed by the respondents. (cl) (Entered: 12/03/1993)

Dec. 3, 1993

Dec. 3, 1993

74

CERTIFIED ADMINISTRATIVE RECORD of Yong Zhong Pan filed by the respondents. (cl) (Entered: 12/03/1993)

Dec. 3, 1993

Dec. 3, 1993

75

ORDER by Judge Sylvia H. Rambo - the Government shall not move the ptnrs who have filed individual actions before this court until December 7, 1993 (cc: all counsel, Ct) (cl) (Entered: 12/03/1993)

Dec. 3, 1993

Dec. 3, 1993

76

MOTION by petitioner Pan Yong Zhong for reconsideration of order [52-1], and to extend tro . (c/s) (js) (Entered: 12/06/1993)

Dec. 3, 1993

Dec. 3, 1993

77

ORDER- by Judge Sylvia H. Rambo: consolidating case no 1:CV-93-1871 into lead case no. 1:93-cv-1702. Petnr. Chen Zing shall not be deported or otherwise moved from the US during pendency of this action. All future docus. shall bear the case # 1-93-cv-1702. (cc: Ct; all counsel) (js) (Entered: 12/06/1993)

Dec. 3, 1993

Dec. 3, 1993

78

DOCUMENT- CASE FILE CONTENTS from CV-93-1871. (docus. 1-4). (js) (Entered: 12/06/1993)

Dec. 3, 1993

Dec. 3, 1993

79

MEMORANDUM AND ORDER: by Judge Sylvia H. Rambo: re: [76-1] mtn for reconsideration of order [52-1] [76-2] and motion to extend tro- 1) Petnr. request to broaden the class is denied; 2) Petnr's request for clarification of the cass is granted (see order); By 12/14/93, petnr. shall file a reply re: class cert. & prelim. inj. mtns. No futer prly bris re: TRO...See order for details. Petnr. shall not deport or transfer class members outside USA through 12/21/93; 5) Petnr's request for oral argu. is denied without prejudice. (cc: Ct; all counsel) (js) (Entered: 12/09/1993)

Dec. 6, 1993

Dec. 6, 1993

80

RECEIPT #111 113910- for $5.00 filing fee paid by Hias & Counsel, Immigration Svc. of Phila o/b/o petnr. Chen Zing (CV-93-1871) in this consolidated case. (js) (Entered: 12/09/1993)

Dec. 6, 1993

Dec. 6, 1993

83

ORDER- by Judge Sylvia H. Rambo: RE motion for prelim. inj. to bar transport and individual petnrs' mtn. to compel discovery. (See memo for details.) cc: Ct; all cnsl.- some cnsl. phoned. (js) (Entered: 12/13/1993)

Dec. 7, 1993

Dec. 7, 1993

84

ORDER- by Judge Sylvia H. Rambo: Terming [39-1] mtn to extend emergency stay of exclusion and/or transport pending resolution of discovery issues and denying motion for preliminary injunction [29-2]; Petnrs' request for discovery re: allegations of political interference or bias in their admin. proceedings is granted. Govt. shall respond to discov. requests by 12/27/93- See order for details. (cc: Ct; all counsel) (js) (Entered: 12/13/1993)

Dec. 7, 1993

Dec. 7, 1993

81

DOCUMENT- CERTIFIED ADMINISTRATIVE RECORD- of Pin Lin, No. A-72 761 964 (Vol. #1). submitted by respondent. (js) (Entered: 12/10/1993)

Dec. 8, 1993

Dec. 8, 1993

82

DOCUMENT- CERTIFIED ADMINISTRATIVE RECORD ON PIN LIN (VOL. #2) (js) (Entered: 12/10/1993)

Dec. 8, 1993

Dec. 8, 1993

85

MOTION by All Respondents to extend time to file brief oppo. prelim. inj. (js) (Entered: 12/13/1993)

Dec. 9, 1993

Dec. 9, 1993

87

BRIEF/OPPO. by All Respondents to petnrs' mtn. for class cert. (c/s) (js) (Entered: 12/13/1993)

Dec. 9, 1993

Dec. 9, 1993

86

ORDER by Judge Sylvia H. Rambo granting motion to extend time to file brief oppo. prelim. inj. [85-1] (cc: all counsel) (js) (Entered: 12/13/1993)

Dec. 10, 1993

Dec. 10, 1993

88

EXHIBITS- by respondents supporting their opposition to mtn. for prelim. inj. and their opposition to petnr's mtn. for class certification. (js) (Entered: 12/14/1993)

Dec. 10, 1993

Dec. 10, 1993

89

CERTIFICATE OF SERVICE by All Respondents for their exhibits and oppo. to mtn. for prelim. inj. (js) (Entered: 12/14/1993)

Dec. 10, 1993

Dec. 10, 1993

90

BRIEF/OPPO- by all Respondents to pltfs' mtn. for prelim. inj. (js) (Entered: 12/14/1993)

Dec. 10, 1993

Dec. 10, 1993

91

MOTION by petitioner Pan Yong Zhong to extend briefing schedule with conc. of US Atty noted. (c/s) (js) (Entered: 12/15/1993)

Dec. 14, 1993

Dec. 14, 1993

92

MOTION by amicus Natl Asian Pacific American Bar Assn. for leave to file amicus curiae brief . Prop. brief attached. (js) (Entered: 12/15/1993)

Dec. 14, 1993

Dec. 14, 1993

93

ORDER- by Judge Sylvia H. Rambo: granting motion for leave to file amicus curiae brief [92-1]; The brief attached to the mtn. shall be docketed of record. (cc: Ct; all counsel) (js) (Entered: 12/15/1993)

Dec. 14, 1993

Dec. 14, 1993

95

ORDER- by Judge Sylvia H. Rambo: Petnr. Zeng Hua Zheng shall not be deported or removed during the pendency of this action; CASE # 93-1914 IS CONSOLIDATED INTO LEAD CASE NO. 93-CV-1702. (cc: Ct; all counsel) (js) (Entered: 12/15/1993)

Dec. 14, 1993

Dec. 14, 1993

94

BRIEF FILED by amicus Natl Asian Pacific American Bar Assn. pursuant to order [93-1] (js) (Entered: 12/15/1993)

Dec. 15, 1993

Dec. 15, 1993

96

REMARK- Case file from 1-CV-93-1914 Zeng Hua Zheng, Alien No. A72 761 980 tranferred in LEAD case No. 1-93-CV-1702. NO FILING FEE PAID AT TIME OF INITIATION OF ACTION. (js) (Entered: 12/15/1993)

Dec. 15, 1993

Dec. 15, 1993

97

ORDER- by Judge Sylvia H. Rambo: granting motion to extend [91-1] Petnr. pan shall file his reply brief re: [2-1] on or before 12/15/93. (cc: Ct; all counsel) (js) (Entered: 12/16/1993)

Dec. 15, 1993

Dec. 15, 1993

98

ORDER- by Judge Sylvia H. Rambo: the deadline for filing a reply to petnr's mtn. for prelim. inj. is extended to 12/20/93. (cc: Ct; all counsel) (js) (Entered: 12/16/1993)

Dec. 15, 1993

Dec. 15, 1993

99

REQUEST FOR SPECIAL ADMISSION- by Joshua Cohen to practice on behalf of Chun Hua Lin AND APPROVAL- byu CJ Rambo to same. (cc: Cohen; Registry; Nancy) (js) (Entered: 12/16/1993)

Dec. 15, 1993

Dec. 15, 1993

101

EXHIBITS- N-X by pltf/petnrs. in support of their replies to respondents' oppos. to the mtns. for class cert and for prelim. inj. (js) (Entered: 12/17/1993)

Dec. 15, 1993

Dec. 15, 1993

Case Details

State / Territory:

Pennsylvania

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Nov. 3, 1993

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Several hundred Chinese undocumented aliens that were smuggled into the U.S. aboard the ship, the Golden Venture.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

United States Immigration and Naturalization Service (INS), Federal

Attorney General of the United States, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Other Dockets:

Middle District of Pennsylvania 1:93-cv-01702

U.S. Court of Appeals for the Third Circuit 95-07316

U.S. Court of Appeals for the Third Circuit 95-07317

U.S. Court of Appeals for the Third Circuit 95-07318

U.S. Court of Appeals for the Third Circuit 95-07319

U.S. Court of Appeals for the Third Circuit 95-07320

U.S. Court of Appeals for the Third Circuit 95-07321

U.S. Court of Appeals for the Third Circuit 95-07441

U.S. Court of Appeals for the Third Circuit 95-07442

U.S. Court of Appeals for the Third Circuit 95-07443

U.S. Court of Appeals for the Third Circuit 95-07444

U.S. Court of Appeals for the Third Circuit 95-07445

U.S. Court of Appeals for the Third Circuit 95-07446

U.S. Court of Appeals for the Third Circuit 95-07447

U.S. Court of Appeals for the Third Circuit 95-07448

U.S. Court of Appeals for the Third Circuit 95-07479

U.S. Court of Appeals for the Third Circuit 94-07060

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Unknown

Source of Relief:

Unknown

Issues

Immigration/Border:

Asylum - criteria

Asylum - procedure

Refugees

Jails, Prisons, Detention Centers, and Other Institutions:

Habeas Corpus