Case: Perez-Funez v. U.S. Immigration and Naturalization Service

2:81-cv-01457 | U.S. District Court for the Central District of California

Filed Date: March 25, 1981

Clearinghouse coding complete

Case Summary

This case involves two consolidated actions, Yanira Pena and Claudia Pena v. INS, 81-cv-1932, and Jose Antonio Perez-Funez v. INS, 81-cv-1457, in which plaintiffs filed separate lawsuits in the U.S. District Court for the Central District of California, challenging the manner in which the Immigration and Naturalization Service (INS) implemented its voluntary departure procedure with respect to unaccompanied minor non-citizens in its custody. Plaintiffs, who were represented by the ACLU Foundation of Southern California and the National Lawyers Guild-Southern California Chapter, claimed that the INS procedures violated the Due Process Clause of the Fifth Amendment and sought an injunction to prohibit the INS from instituting voluntary departure proceedings against any unaccompanied minor until the minor was appointed an attorney and then produced before an Immigration Judge.

The District Court consolidated the two cases and granted class action status, with the class consisting of

[a]ll persons who appear, are known, or claim to be under the age of eighteen years who are now or in the future taken into or held in custody in the United States by agents of the Immigration and Naturalization Service for possible deportation from the United States, and who are not accompanied by at least one of their natural or lawful parents at the time of being taken or received in custody within the United States.

The Court issued a preliminary injunction prohibiting the INS from removing unaccompanied minor noncitizens pursuant to the voluntary departure process without first assuring that they were advised of and understood alternatives to voluntary departure. The Court refused to require the mandatory appointment of counsel, as requested by plaintiffs. Perez-Funez v. District Director, I.N.S., 611 F.Supp. 990 (C.D.Cal. 1984). Attached to the Court's preliminary injunction were examples of proper notice of rights forms to be provided to minor detainees.

Following a hearing on the merits, the District Court determined that the INS procedures violated the due process rights of the plaintiff class. The Court made its preliminary injunction permanent with some modifications. These included requiring the INS -- before asking a minor to sign the voluntary departure form -- to provide telephone access and an up-to-date list of free legal services to class members, and to ensure that each had the opportunity to communicate with a parent, close adult relative, friend, attorney, or consular officer (this last option only when chosen by the minor). Perez-Funez v. District Director, I.N.S., 619 F.Supp. 656 (C.D.Cal. 1985).

(Mexican and Canadian minors apprehended in the immediate vicinity of the border received lesser protections -- just the right to be informed that they could call a parent, close relative, friend, or organization on the free legal services list.)

We don't have the docket sheet in this case so we don't know what kind of enforcement activity has occurred over the years, but in 2014, the National Immigration Law Center posted information on the nationwide Perez-Funez permanent injunction provisions and solicited any reports of suspected violations of the injunction.

The Perez-Funez injunction was also implemented in regulations that apply to both DHS and the DOJ Executive Office of Immigration Review EOIR. 8 C.F.R. §§ 236.3(g)-(h), 1236.3(g)-(h), requires that unaccompanied children be both advised of their legal rights and guaranteed access to outside advice before voluntarily choosing to return to their countries of origin. Specifically, before the government can ask any unaccompanied child to voluntarily depart the United States or withdraw her application for admission, the government must provide the child with (1) a written notice of rights; (2) a list of free legal service providers; and (3) access to telephones and notice that they may call a parent, close relative, friend, or attorney. Additionally, for unaccompanied children from non-contiguous countries (i.e. children not from Canada or Mexico), DHS must ensure that the child in fact communicates with a parent, adult relative, friend, or attorney. Id. §§ 236.3(g), 1236.3(g). If the child is under 14 years old, or is unable to understand the written notice of rights, the notice "shall be read and explained to the juvenile in a language he or she understands." Id. §§ 236.3(h), 1236.3(h).

Because we don't have the docket sheet, we are not certain whether this case is ongoing or closed.

Summary Authors

Dan Dalton (12/3/2007)

Ava Morgenstern (9/22/2017)

Edward Cullen (3/15/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71924733/parties/jose-antonio-perez-funez-v-crosland/

Judge(s)

Attorney for Plaintiff

Carrasco, Gilbert (California)

Attorney for Defendant

Expert/Monitor/Master/Other

Becker, Tyler (California)

Bodaken, Alex (California)

Brown, Rebecca Sarah (California)

Cardin, Zachary (California)

Judge(s)

Fitzgerald, Michael Walter (California)

Rafeedie, Edward (California)

Attorney for Plaintiff

Carrasco, Gilbert (California)

DeHoyos, Ben (Louisiana)

Lopez, Gilbert (California)

Rodriguez, Antonio (California)

Rosenbaum, Mark Dale (California)

Wheeler, Charles (Colorado)

Attorney for Defendant

Reynolds, Carolyn M. (California)

Other

Becker, Tyler (California)

Bodaken, Alex (California)

Brown, Rebecca Sarah (California)

Cardin, Zachary (California)

Haug, Nina L. (California)

Kee, Diane (California)

Koffman, Richard A (California)

LA-CV, Assistant 2241-194 (California)

McGraw, Peter (California)

Savage, Amanda Roman (California)

Siegel, Kevin (California)

Slagter, Paulina K (California)

Wolfson, Adam B. (California)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:81-cv-01457 2:81-cv-01932	Opinion Perez-Funez v. District Director, Immigration and Naturalization Service; Pena v. Immigration and Naturalization Service	Jan. 24, 1984	Jan. 24, 1984 Order/Opinion 611 F.Supp. 990
2:81-cv-01457 2:81-cv-01932	Memorandum Opinion Perez-Funez v. District Director, Immigration and Naturalization Service; Pena v. Immigration and Naturalization Service	Sept. 30, 1985	Sept. 30, 1985 Order/Opinion 619 F.Supp. 656

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
SUMMARY:The Nationwide Perez-Fuñez Permanent Injunction Provisions for Unaccompanied Children in DHS Custody National Immigration Law Center	The Perez-Fuñez injunction is a nationwide class action permanent injunction that requires the U.S. Department of Homeland Security (DHS) to take certain steps before removing unaccompanied children …	June 2014	June 1, 2014 https://www.nilc.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/71924733/jose-antonio-perez-funez-v-crosland/

Last updated Oct. 29, 2026, 5:25 p.m.

Docket for: Jose Antonio Perez-Funez v. Crosland

ECF Number	Date	Description	Link
250	Nov. 12, 2025	DEFENDANTS' NOTICE OF MOTION AND MOTION TO TERMINATE PERMANENT INJUNCTION AND ADVISAL ORDER filed by Defendant Motion set for hearing on 12/5/2025 at 10:00 AM before Judge Michael W. Fitzgerald. (iv) (Entered: 11/20/2025)	RECAP
249	Nov. 19, 2025	PLAINTIFFS' MOTION FOR CONTINUANCE OF DECEMBER 5, 2025, HEARING AND FOR SCHEDULING OF A STATUS CONFERENCE filed by Plaintiff. Motion set for hearing on 12/5/2025 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: # 1 Proposed Order) (iv) (Entered: 11/20/2025) 1 Proposed Order View on PACER	RECAP
251	Nov. 19, 2025	DECLARATION OF PETER MCGRAW IN SUPPORT OF PLAINTIFFS' MOTION FOR CONTINUANCE OF DECEMBER 5, 2025, STATUS HEARING AND FOR SCHEDULING OF STATUS CONFERENCE filed by Respondent David Crosland. (iv) (Entered: 11/20/2025)	RECAP
252	Nov. 20, 2025	SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. The Court is in receipt of Plaintiffs' Motion for Continuance of December 5, 2025, Hearing and for Scheduling of a Status Conference, filed on November 19, 2025. 249 . Given that Defendants' Motion to Terminate Permanent Injunction 250 was not timely filed pursuant to Local Rule 6-1 to be heard by the noticed date, the Court hereby VACATES the hearing on Defendants' Motion scheduled for 12/5/2025. The Court further sets a Status Conference on 12/1/2025 at 11:00 AM before Judge Michael W. Fitzgerald to address the Motion for Continuance and set a new date for hearing on the Motion to Terminate Permanent Injunction. Defendants shall file any written opposition to Plaintiffs Motion for Continuance by 11/26/2025.IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY (Entered: 11/20/2025)	RECAP
253	Nov. 20, 2025	PROOF OF SERVICE filed by Plaintiff Jose Antonio Perez-Funez, re Declaration (Motion related) 251, NOTICE OF MOTION AND MOTION to Continue 249 served on 12/5/2025. (sh) (Entered: 11/21/2025)	RECAP
	Nov. 20, 2025	Text Only Scheduling Notice
254	Nov. 26, 2025	APPLICATION of Non-Resident Attorney Peter McGraw to Appear Pro Hac Vice on behalf of Petitioner Jose Antonio Perez-Funez (Pro Hac Vice Fee - $450 Fee Paid, Receipt No. ACACDC-40990102) filed by Plaintiff Jose Antonio Perez-Funez. (Attachments: # 1 Certificate of Standing, # 2 Proposed Order) (Rosenbaum, Mark) (Entered: 11/26/2025) 1 Certificate of Standing View on RECAP 2 Proposed Order View on RECAP	RECAP
255	Nov. 26, 2025	APPLICATION of Non-Resident Attorney Kevin Siegel to Appear Pro Hac Vice on behalf of Petitioner Jose Antonio Perez-Funez (Pro Hac Vice Fee - $450 Fee Paid, Receipt No. ACACDC-40990216) filed by Plaintiff Jose Antonio Perez-Funez. (Attachments: # 1 Certificate of Standing, # 2 Proposed Order) (Rosenbaum, Mark) (Entered: 11/26/2025) 1 Certificate of Standing View on RECAP 2 Proposed Order View on RECAP	RECAP
256	Nov. 26, 2025	Notice of Appearance or Withdrawal of Counsel: for attorney Adam B. Wolfson counsel for Petitioner Jose Antonio Perez-Funez. Adding Adam B. Wolfson as counsel of record for Jose Antonio Perez-Funez for the reason indicated in the G-123 Notice. Filed by Petitioner Jose Antonio Perez-Funez. (Attorney Adam B. Wolfson added to party Jose Antonio Perez-Funez(pty:pet))(Wolfson, Adam) (Entered: 11/26/2025)	RECAP
257	Dec. 1, 2025	ORDER by Judge Michael W. Fitzgerald. A review of the docket reflected that the government was receiving notice from CM/ECF only to its generic email addresses. The Court directed the Clerk's Office to add Zachary Cardin, Esq. to the docket as attorney of record for Defendant David Crosland. Mr. Cardin shall review the docket for all filings he did not receive. At the Status Conference on December 1, 2025, the Court directed Plaintiff's counsel to discuss a briefing schedule with counsel for the government. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY (Entered: 12/01/2025)	RECAP
258	Dec. 1, 2025	MINUTES OF Status Conference held before Judge Michael W. Fitzgerald. The status conference is held. The Court directs counsel to confer and agree on date for the motion, including a briefing schedule. The date should be 60 days or less. Plaintiff shall file an ex parte application if the parties cannot agree. IT IS SO ORDERED. Plaintiff's Counsel: Peter McGraw, Rebecca Brown, Mark D. Rosenbaum, Amanda Savage, Gilbert P. Carrasco. Defendant's Counsel: Not present. Courtroom Deputy: Rita Sanchez. Court Reporter: Amy Diaz. Time in court: 04. (rs) (Entered: 12/02/2025)	RECAP
	Dec. 1, 2025	Text Only Scheduling Notice
259	Dec. 2, 2025	ORDER by Judge Michael W. Fitzgerald: granting 254 Non-Resident Attorney Peter McGraw APPLICATION to Appear Pro Hac Vice on behalf of Petitioner Jose Antonio Perez-Funez, designating Mark Rosenbaum as local counsel. THERE IS NO PDF ASSOCIATED WITH THIS ENTRY(aus) (Entered: 12/02/2025)	RECAP
260	Dec. 2, 2025	ORDER by Judge Michael W. Fitzgerald: granting 255 Non-Resident Attorney Kevin Siegel APPLICATION to Appear Pro Hac Vice on behalf of Petitioner Jose Antonio Perez-Funez, designating Mark Rosenbaum as local counsel. THERE IS NO PDF ASSOCIATED WITH THIS ENTRY(aus) (Entered: 12/02/2025)	RECAP
	Dec. 2, 2025	Status Conference - optional html form
	Dec. 2, 2025	Appear Pro Hac Vice
261	Dec. 3, 2025	STIPULATION for Hearing re NOTICE OF MOTION AND MOTION for Order 250 filed by Plaintiff Jose Antonio Perez-Funez. (Attachments: # 1 Proposed Order Proposed Order on Stipulation of Briefing Schedule)(Brown, Rebecca) (Entered: 12/03/2025) 1 Proposed Order Proposed Order on Stipulation of Briefing Schedule View on RECAP	RECAP
262	Dec. 4, 2025	ORDER GRANTING STIPULATION OF BRIEFING SCHEDULE FOR MOTION TO TERMINATE PERMANENT INJUNCTION AND ADVISAL ORDER 261 by Judge Michael W. Fitzgerald. The hearing on Defendant's Motion to Terminate Permanent Injunction and Advisal Order (the "Motion" (Docket No. 250 )) is CONTINUED to February 2, 2026, at 10:00 a.m. SEE ORDER FOR DETAILS. (chk) (Entered: 12/08/2025)	RECAP
263	Dec. 17, 2025	STIPULATION for Hearing re Cross-Motion to Modify Injunction and Motion for Leave to Conduct Discovery filed by Plaintiff Jose Antonio Perez-Funez. (Attachments: # 1 Proposed Order)(McGraw, Peter) (Entered: 12/17/2025) 1 Proposed Order View on RECAP	RECAP
264	Dec. 17, 2025	ORDER GRANTING STIPULATION OF BRIEFING SCHEDULE FOR PLAINTIFFS' CROSS-MOTION TO MODIFY INJUNCTION AND MOTION FOR LEAVE TO CONDUCT DISCOVERY; ORDER CONTINUING HEARING ON DEFENDANT'S MOTION TO TERMINATE PERMANENT INJUNCTION AND ADVISAL ORDER by Judge Michael W. Fitzgerald. The Court ORDERS as follows: Plaintiffs' Cross-Motion to Modify Permanent Injunction and Motion for Leave to Conduct Discovery 263 noticed for hearing on February 9, 2026, at 10:00 a.m. The hearing on Defendant's Motion to Terminate Permanent Injunction and Advisal Order (Docket No. 250 ) is CONTINUED from February 2, 2026, to February 9, 2026, at 10:00 a.m. SEE ORDER FOR DETAILS. (chk) (Entered: 12/18/2025)	RECAP
265	Jan. 6, 2026	APPLICATION of Non-Resident Attorney Alex Bodaken to Appear Pro Hac Vice on behalf of Petitioner Jose Antonio Perez-Funez (Pro Hac Vice Fee - $450 Fee Paid, Receipt No. ACACDC-41221121) filed by Plaintiffs Jose Antonio Perez-Funez. (Attachments: # 1 Proposed Order) (Brown, Rebecca) (Entered: 01/06/2026) 1 Proposed Order View on RECAP	RECAP
266	Jan. 6, 2026	APPLICATION of Non-Resident Attorney Nina L. Haug to Appear Pro Hac Vice on behalf of Petitioner Jose Antonio Perez-Funez (Pro Hac Vice Fee - $450 Fee Paid, Receipt No. ACACDC-41221207) filed by Plaintiffs Jose Antonio Perez-Funez. (Attachments: # 1 Proposed Order) (Brown, Rebecca) (Entered: 01/06/2026) 1 Proposed Order View on RECAP	RECAP
267	Jan. 6, 2026	APPLICATION of Non-Resident Attorney Richard A. Koffman to Appear Pro Hac Vice on behalf of Petitioner Jose Antonio Perez-Funez (Pro Hac Vice Fee - $450 Fee Paid, Receipt No. ACACDC-41221223) filed by Plaintiffs Jose Antonio Perez-Funez. (Attachments: # 1 Proposed Order) (Brown, Rebecca) (Entered: 01/06/2026) 1 Proposed Order View on RECAP	RECAP
268	Jan. 6, 2026	OPPOSITION to NOTICE OF MOTION AND MOTION for Order 250 to Terminate Permanent Injunction and Rights Advisal filed by Petitioner Jose Antonio Perez-Funez. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Proposed Order)(McGraw, Peter) (Entered: 01/06/2026) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on RECAP 3 Exhibit 3 View on RECAP 4 Exhibit 4 View on RECAP 5 Exhibit 5 View on RECAP 6 Exhibit 6 View on RECAP 7 Proposed Order View on RECAP	RECAP
269	Jan. 6, 2026	NOTICE OF MOTION AND MOTION to Conduct Discovery and Cross-Motion to Modify Injunction filed by Plaintiff Jose Antonio Perez-Funez. Motion set for hearing on 2/9/2026 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: # 1 Exhibit 1, # 2 Declaration 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Declaration 10, # 11 Proposed Order) (McGraw, Peter) (Entered: 01/06/2026) 1 Exhibit 1 View on RECAP 2 Declaration 2 View on RECAP 3 Exhibit 3 View on RECAP 4 Exhibit 4 View on RECAP 5 Exhibit 5 View on RECAP 6 Exhibit 6 View on RECAP 7 Exhibit 7 View on RECAP 8 Exhibit 8 View on RECAP 9 Exhibit 9 View on RECAP 10 Declaration 10 View on RECAP 11 Proposed Order View on RECAP	RECAP
270	Jan. 7, 2026	APPLICATION of Non-Resident Attorney Diane Kee to Appear Pro Hac Vice on behalf of Petitioner Jose Antonio Perez-Funez (Pro Hac Vice Fee - $450 Fee Paid, Receipt No. ACACDC-41227258) filed by Plaintiffs Jose Antonio Perez-Funez. (Attachments: # 1 Proposed Order) (Brown, Rebecca) (Entered: 01/07/2026) 1 Proposed Order View on RECAP	RECAP
271	Jan. 7, 2026	ORDER by Judge Michael W. Fitzgerald: granting 265 Non-Resident Attorney Alex Bodaken APPLICATION to Appear Pro Hac Vice on behalf of Petitioner Jose Antonio Perez-Funez, designating Rebecca Brown as local counsel. THERE IS NO PDF ASSOCIATED WITH THIS ENTRY(aus) (Entered: 01/07/2026)	RECAP
272	Jan. 7, 2026	ORDER by Judge Michael W. Fitzgerald: granting 266 Non-Resident Attorney Nina L. Haug APPLICATION to Appear Pro Hac Vice on behalf of Petitioner Jose Antonio Perez-Funez, designating Rebecca Brown as local counsel. THERE IS NO PDF ASSOCIATED WITH THIS ENTRY(aus) (Entered: 01/07/2026)	RECAP
273	Jan. 7, 2026	ORDER by Judge Michael W. Fitzgerald: granting 267 Non-Resident Attorney Richard A. Koffman APPLICATION to Appear Pro Hac Vice on behalf of Petitioner Jose Antonio Perez-Funez, designating Rebecca Brown as local counsel. THERE IS NO PDF ASSOCIATED WITH THIS ENTRY(aus) (Entered: 01/07/2026)	RECAP
274	Jan. 7, 2026	ORDER by Judge Michael W. Fitzgerald: granting 270 Non-Resident Attorney Diane Kee APPLICATION to Appear Pro Hac Vice on behalf of Petitioner Jose Antonio Perez-Funez, designating Rebecca Brown as local counsel. THERE IS NO PDF ASSOCIATED WITH THIS ENTRY(aus) (Entered: 01/07/2026)	RECAP
	Jan. 7, 2026	Appear Pro Hac Vice
275	Jan. 20, 2026	REPLY in support NOTICE OF MOTION AND MOTION for Order 250 filed by Respondent David Crosland. (Cardin, Zachary) (Entered: 01/20/2026)	RECAP
276	Jan. 20, 2026	OPPOSITION to NOTICE OF MOTION AND MOTION to Conduct Discovery and Cross-Motion to Modify Injunction 269 filed by Respondent David Crosland. (Cardin, Zachary) (Entered: 01/20/2026)	RECAP
277	Jan. 20, 2026	DECLARATION of Michael Julien filed by Respondent David Crosland. (Cardin, Zachary) (Entered: 01/20/2026)	RECAP
278	Jan. 21, 2026	Amended NOTICE of Appearance filed by attorney Gilbert Paul Carrasco on behalf of Petitioner Jose Antonio Perez-Funez (Attorney Gilbert Paul Carrasco added to party Jose Antonio Perez-Funez(pty:pet))(Carrasco, Gilbert) (Entered: 01/21/2026)	RECAP
279	Jan. 27, 2026	REPLY in Support NOTICE OF MOTION AND MOTION to Conduct Discovery and Cross-Motion to Modify Injunction 269 filed by Petitioner Jose Antonio Perez-Funez. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(McGraw, Peter) (Entered: 01/27/2026) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on RECAP 3 Exhibit 3 View on RECAP 4 Exhibit 4 View on RECAP 5 Exhibit 5 View on RECAP 6 Exhibit 6 View on RECAP	RECAP
280	Jan. 28, 2026	SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. After conferring with counsel, the Court CONTINUES the hearing on the Motion to Terminate Permanent Injunction and Advisal Order 250 and Motion to Conduct Discovery and Cross-Motion to Modify Injunction 269 from February 9, 2026, to Wednesday, February 11, 2026, at 10:00 a.m. before Judge Michael W. Fitzgerald. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY (Entered: 01/28/2026)	RECAP
	Jan. 28, 2026	Text Only Scheduling Notice
281	Feb. 5, 2026	NOTICE OF LODGING filed Dkt. 122 (Opinion, Jan. 24, 1984), Dkt. 212 (Memorandum Opinion, Sept. 30, 1985), Dkt. 213 (Judgment, Sept. 30, 1985) re NOTICE OF MOTION AND MOTION for Order 250 (Attachments: # 1 Supplement, # 2 Supplement)(McGraw, Peter) (Entered: 02/05/2026) 1 Supplement View on RECAP 2 Supplement View on RECAP	RECAP
282	Feb. 10, 2026	Notice of Appearance or Withdrawal of Counsel: for attorney Tyler Becker counsel for Respondent David Crosland. Adding Tyler J. Becker as counsel of record for All Defendants for the reason indicated in the G-123 Notice. Filed by Defendant Crosland. (Attorney Tyler Becker added to party David Crosland(pty:res))(Becker, Tyler) (Entered: 02/10/2026)	RECAP
283	Feb. 11, 2026	Notice of Appearance or Withdrawal of Counsel: for attorney Paulina K Slagter counsel for Petitioner Jose Antonio Perez-Funez. Adding Paulina K. Slagter as counsel of record for Jose Antonio Perez-Funez for the reason indicated in the G-123 Notice. Filed by Plaintiff Jose Antonio Perez-Funez. (Attorney Paulina K Slagter added to party Jose Antonio Perez-Funez(pty:pet))(Slagter, Paulina) (Entered: 02/11/2026)	RECAP
284	Feb. 11, 2026	MINUTES OF DEFENDANT'S MOTION TO TERMINATE PERMANENT INJUNCTION AND ADVISAL ORDER 250 ; PLAINTIFFS' CROSS-MOTION TO MODIFY INJUNCTION AND MOTION FOR LEAVE TO CONDUCT DISCOVERY 269 hearing held before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. The Court invites counsel to present their oral arguments. Arguments by counsel are heard. For the reasons stated on the record, the Court takes the matter under submission. An order will issue. Plaintiff's Counsel: Alex Bodaken, Peter McGraw, Mark D. Rosenbaum, Rebecca Brown, Gilbert P. Carrasco, Paulina K. Slagter, Nina Haug, Kevin Siegel, Lynn Damiano Pearson. Defendant's Counsel: Zachary A. Cardin, Tyler J. Becker. Courtroom Deputy: Rita Sanchez. Court Reporter: Amy Diaz. Time in court: 1:25. (rs) (Entered: 02/11/2026)	RECAP
	Feb. 11, 2026	Motion Hearing
285	Feb. 24, 2026	TRANSCRIPT ORDER as to Respondent David Crosland DCN number: 2:81-cv-01457 for Court Reporter. (Cardin, Zachary) (Entered: 02/24/2026)	RECAP
286	March 12, 2026	TRANSCRIPT for proceedings held on February 11, 2026. Court Reporter/Electronic Court Recorder: Amy Diaz, phone number amyfcrr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/2/2026. Redacted Transcript Deadline set for 4/13/2026. Release of Transcript Restriction set for 6/10/2026. (Diaz, Amy) (Entered: 03/12/2026)	RECAP
287	March 12, 2026	NOTICE OF FILING TRANSCRIPT filed for proceedings February 11, 2026 re Transcript 286 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Diaz, Amy) TEXT ONLY ENTRY (Entered: 03/12/2026)	RECAP
	March 12, 2026	Notice of Filing Transcript
288	April 6, 2026	MINUTES (In Chambers): ORDER DENYING DEFENDANTS' MOTION TO TERMINATE PERMANENT INJUNCTION AND ADVISAL ORDER 250 by Judge Michael W. Fitzgerald Denying 250 MOTION: As was made clear at the hearing, the Court (and Plaintiffs, for that matter) have no intention of preventing the Government from requesting modification or termination of the Injunction when the circumstances warrant such a change. Obviously, this Order only pertains to the record before the Court on this Motion. And on this Motion, the Government suggests that the Court should terminate the Injunction without pointing to any significant change in circumstance that assures the Court that the objective of the Injunction has been accomplished, as required by Horne. Accordingly, the Court declines to terminate the Injunction on an equitable basis. Given the rejection of the arguments under Rule 60(b)(4) and (6), the Motion is DENIED. (see document for further details) (bm) (Entered: 04/06/2026)	RECAP
289	April 6, 2026	MINUTES (In Chambers): ORDER GRANTING IN PART PLAINTIFFS' CROSS-MOTION TO MODIFY INJUNCTION AND MOTION FOR LEAVE TO CONDUCT DISCOVERY 269 ; TEMPORARY STAY by Judge Michael W. Fitzgerald Granting in Part 269 MOTION: In sum, the Motion to Modify Injunction is GRANTED and Defendants are enjoined from providing the information in the Advisal because it substantially violates the Injunction. The Motion for Post-Judgment Discovery is DENIED without prejudice. The Modified Permanent Injunction shall be filed separately. This Order and the Modified Injunction are STAYED until April 16, 2026, to allow Defendants the opportunity to seek a stay in the Ninth Circuit. (see document for further details) (bm) (Entered: 04/06/2026)	RECAP
290	April 6, 2026	MODIFIED PERMANENT INJUNCTION filed by Judge Michael W. Fitzgerald: On April 6, 2026, the Court GRANTED Plaintiffs' Cross-Motion to Modify Injunction (Docket No. 269). Pursuant to Rules 60 and 65 of the Federal Rules of Civil Procedure, the Permanent Injunction entered in this action on September 30, 1985 (reported at 619 F. Supp. 656) is MODIFIED as follows: (see document for further details) (bm) (Entered: 04/06/2026)	RECAP
291	May 1, 2026	NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendants David Crosland. Appeal of Order on Motion for Order,,, 288, Order on Motion for Leave,, 289, Permanent Injunction, 290 . (Appeal Fee - Not Required for US Goverment.) (Cardin, Zachary) (Entered: 05/01/2026)	RECAP
292	May 1, 2026	NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 26-2787 assigned to Notice of Appeal to 9th Circuit Court of Appeals, 291 as to Respondent David Crosland. (san) (Entered: 05/05/2026)	RECAP
293	May 5, 2026	AMENDED NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 26-2787 assigned to Notice of Appeal to 9th Circuit Court of Appeals, 291 as to Defendant David Crosland. (iv) (Entered: 05/07/2026)	RECAP
294	June 23, 2026	NOTICE of Change of firm name and address by Alex Bodaken attorney for Petitioner Jose Antonio Perez-Funez. Changing firm name to Georgetown Law Appellate Courts Immersion Clinic and address to 600 New Jersey Ave., NW, Suite 312, Washington, DC 20001. Filed by Petitioner Jose Antonio Perez-Funez. (Bodaken, Alex) (Entered: 06/23/2026)	RECAP

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Case Details

State / Territory:

California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: March 25, 1981

Case Ongoing: Unknown

Plaintiffs

Plaintiff Description:

All persons who appear, are known, or claim to be under 18, who are now or in the future are held by the INS for possible deportation from the U.S., and who are not accompanied by at least one of their natural or lawful parents.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

ACLU of Southern California

National Immigration Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Federal

U.S. Immigration and Naturalization Service

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Constitutional Clause(s):

Due Process

Other Dockets:

Central District of California 2:81-cv-01457

U.S. Court of Appeals for the Ninth Circuit 2:81-cv-01932

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Access to lawyers or judicial system

Juveniles

Immigration/Border:

Constitutional rights

Deportation - procedure

Family Separation

Immigration lawyers

Undocumented immigrants - rights and duties

Recommended Citation

Case Summary of Perez-Funez v. U.S. Immigration and Naturalization Service, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/10173/ (last updated 3/15/2019).