Case: Fraga v. Smith

3:82-cv-01148 | U.S. District Court for the District of Oregon

Filed Date: Sept. 10, 1982

Clearinghouse coding complete

Case Summary

In 1982, foreign-born children of U.S. citizens brought a class action in the United States District Court for the District of Oregon, seeking declaratory and injunctive relief for alleged delays in processing N-600 applications for certificates of citizenship. Plaintiffs contended that the government unreasonably delayed their N-600 applications, sometimes for years, and as a result, they were denied public benefits and other rights of U.S. citizenship because they lacked the official proof of…

In 1982, foreign-born children of U.S. citizens brought a class action in the United States District Court for the District of Oregon, seeking declaratory and injunctive relief for alleged delays in processing N-600 applications for certificates of citizenship. Plaintiffs contended that the government unreasonably delayed their N-600 applications, sometimes for years, and as a result, they were denied public benefits and other rights of U.S. citizenship because they lacked the official proof of their citizenship. Plaintiffs claimed violations of the Administrative Procedure Act, 5 U.S.C. § 551 et seq.; the Immigration and Nationality Act of 1952, 8 U.S.C. § 1101 et seq.; and the Fifth Amendment Due Process Clause.

The government generally denied the allegations and claimed that any delays in adjudicating N-600 applications were caused by staffing shortages not within their control. The District Court initially certified the case as a class action and the parties then filed cross-motions for summary judgment

On April 19, 1985, the District Court (Judge Belloni), issued its ruling on the pending motions. The Court decertified the plaintiff class as to the claim that INS unreasonably delayed action on plaintiff's' N-600 applications, finding that there was not a common question of fact among the various plaintiffs. The Court granted summary judgment for plaintiffs on their claims that the government used improper procedures in processing N-600 applications. The government was ordered to notify applications when their applications were administratively closed and further ordered to publish the standards regarding the acceptable sources of proof necessary for N-600 applications to be approved. Fraga by and through Fraga v. Smith, 607 F.Supp. 517 (D.Or. 1985).

We have no further information on this case.

Summary Authors

Dan Dalton (12/5/2007)

People


Judge(s)

Belloni, Robert Clinton (Oregon)

Attorneys(s) for Plaintiff

Dale, D Michael (Oregon)

Ginsburg, Richard (Oregon)

Zarov, Ira R. (Oregon)

Attorneys(s) for Defendant

Casey, Craig J (Oregon)

Turner, Charles H (Oregon)

Judge(s)

Belloni, Robert Clinton (Oregon)

Attorneys(s) for Plaintiff

Dale, D Michael (Oregon)

Ginsburg, Richard (Oregon)

Zarov, Ira R. (Oregon)

Attorneys(s) for Defendant

Casey, Craig J (Oregon)

Turner, Charles H (Oregon)

Documents in the Clearinghouse

Document

Opinion

607 F.Supp. 517

April 19, 1985 Order/Opinion

Amended Opinion

1985 U.S.Dist.LEXIS 19276

June 3, 1985 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Oregon

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Sept. 10, 1982

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Foreign-born children of U.S. citizens whose N-600 applications for certificates of citizenship have been pending for more than 90 days.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

United States Department of Justice, Federal

United States Immigration and Naturalization Service, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

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

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General:

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Immigration/Border:

Constitutional rights

Family Separation

U.S. citizenship - acquiring