Case: Martinez v. Bell

1:77-cv-05964 | U.S. District Court for the Southern District of New York

Filed Date: Dec. 8, 1977

Closed Date: 1979

Clearinghouse coding complete

Case Summary

In 1977, American citizen children, represented by their alien parents, brought action in the United States District Court for the Southern District of New York, challenging the constitutionality of Section 212(a)(14) of the Immigration and Nationality Act (the "Act"), 8 U.S.C. s 1182(a)(14), as amended in 1976, repealing the privilege of Western Hemisphere parents of citizen children to obtain priority status on consular waiting lists to become legal permanent residents.Defendants moved to dis…

In 1977, American citizen children, represented by their alien parents, brought action in the United States District Court for the Southern District of New York, challenging the constitutionality of Section 212(a)(14) of the Immigration and Nationality Act (the "Act"), 8 U.S.C. s 1182(a)(14), as amended in 1976, repealing the privilege of Western Hemisphere parents of citizen children to obtain priority status on consular waiting lists to become legal permanent residents.

Defendants moved to dismiss the case for lack of subject matter jurisdiction, failure to exhaust administrative remedies, and failure to state a claim. Plaintiffs countered with a motion for summary judgment.

The District Court (Judge Goettel) denied the plaintiffs' motion for summary judgment and granted the defendants' motion to dismiss. The Court found that it had jurisdiction to hear the case, but refused to find that children born during the life of the Western Hemisphere privilege had a vested constitutional right to obtain priority status for their alien parents following 1976 amendment. Martinez v. Bell, 468 F.Supp. 719 (S.D.N.Y. 1979). Defendants' subsequent request to amend the Court's judgment was denied. Martinez v. Bell, 1979 U.S. Dist. LEXIS 12614 (S.D.N.Y. May 3, 1979).

Summary Authors

Dan Dalton (11/20/2007)

People


Judge(s)

Goettel, Gerard Louis (New York)

Attorneys(s) for Plaintiff

Biervliet, Julius C. (New York)

Dicker, Morton B (New York)

Attorneys(s) for Defendant

Belote, Thomas H. (New York)

Fiske, Robert B. Jr. (New York)

Judge(s)

Goettel, Gerard Louis (New York)

Attorneys(s) for Plaintiff

Biervliet, Julius C. (New York)

Dicker, Morton B (New York)

Attorneys(s) for Defendant

Belote, Thomas H. (New York)

Fiske, Robert B. Jr. (New York)

Documents in the Clearinghouse

Document

1:77-cv-05964

Opinion

April 5, 1979

April 5, 1979

Order/Opinion

1:77-cv-05964

Opinion

May 3, 1979

May 3, 1979

Order/Opinion

Docket

Last updated Sept. 3, 2022, 3:08 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: Dec. 8, 1977

Closing Date: 1979

Case Ongoing: No

Plaintiffs

Plaintiff Description:

American citizen children seeking to resort the privilege of Western Hemisphere parents of citizen children to obtain priority status on consular waiting lists to become legal permanent residents.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State, Federal

Immigration and Naturalization Service, Federal

Attorney General of the United States, Federal

Case Details

Causes of Action:

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

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Immigration/Border:

Constitutional rights

Family Separation

Status/Classification