Filed Date: Dec. 8, 1977
Closed Date: 1979
Clearinghouse coding complete
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)
Goettel, Gerard Louis (New York)
Biervliet, Julius C. (New York)
Dicker, Morton B (New York)
Belote, Thomas H. (New York)
Fiske, Robert B. Jr. (New York)
Last updated April 15, 2024, 3:13 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: New York
Case Type(s):
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):
Public Interest Lawyer: Unknown
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
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.
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Immigration/Border: