Case: Wang v. Reno

1:93-cv-05523 | U.S. District Court for the Eastern District of New York

Filed Date: Dec. 7, 1993

Closed Date: 1997

Clearinghouse coding complete

Case Summary

On December 7, 1993, numerous citizens of the People's Republic of China who were detained pending deportation after being denied asylum, brought suit in the Eastern District of New York, challenging the standard used by the Board of Immigration Appeals ("BIA") to evaluate asylum applications based on coercive family planning practices in China. Plaintiffs sought declaratory, injunctive, mandamus, and habeas relief. Plaintiffs also sought a TRO, a preliminary injunction and class certification…

On December 7, 1993, numerous citizens of the People's Republic of China who were detained pending deportation after being denied asylum, brought suit in the Eastern District of New York, challenging the standard used by the Board of Immigration Appeals ("BIA") to evaluate asylum applications based on coercive family planning practices in China. Plaintiffs sought declaratory, injunctive, mandamus, and habeas relief. Plaintiffs also sought a TRO, a preliminary injunction and class certification. The original plaintiffs also sought leave to add additional parties to the action.

The government opposed the relief plaintiffs sought and moved to dismiss the case for lack of subject matter jurisdiction.

On September 8, 1994, the District Court (Senior Judge Charles P. Sifton) granted defendants' motion to dismiss, except for the claims of two plaintiffs, for failure to exhaust administrative remedies and for lack of jurisdiction. Plaintiffs' motions for a TRO, a preliminary injunction, class certification and leave to amend the pleadings were denied. Wang v. Reno, 862 F.Supp. 801 (E.D.N.Y. 1994). One plaintiff appealed, but the appeal was subsequently withdrawn.

We have no further information on the case.

Summary Authors

Dan Dalton (10/23/2007)

People


Judge(s)

Sifton, Charles Proctor (New York)

Attorneys(s) for Plaintiff

Bembi, Bruno Joseph (New York)

Attorneys(s) for Defendant

Dunn, Scott (New York)

Judge(s)

Sifton, Charles Proctor (New York)

Attorneys(s) for Plaintiff

Bembi, Bruno Joseph (New York)

Attorneys(s) for Defendant

Dunn, Scott (New York)

Documents in the Clearinghouse

Document

1:93-cv-05523

Docket [PACER]

March 25, 1997

March 25, 1997

Docket
47

1:93-cv-05523

Memorandum and Order

862 F.Supp. 801

Sept. 8, 1994

Sept. 8, 1994

Order/Opinion

Resources

Docket

Last updated July 18, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed and no summons(es) issued for Janet Reno, Doris Meisner, David L. Mihollan, H. Jere Armstrong, Paul Virtue, J. Scott Blackman, John B.Z. Kaplinger, Michael Treminsky, William S. Slattery, William J. Carroll, Carol Chasse, Jack Penca, Clifton Rogers, William Odencrantz FILING FEE $ 120.00 RECEIPT # 157669 (Greene, Donna) Modified on 12/07/1993 (Entered: 12/07/1993)

Dec. 7, 1993

Dec. 7, 1993

Magistrate Ross has been selected by random selection to handle any matters that may be referred in this case. (Greene, Donna) (Entered: 12/07/1993)

Dec. 7, 1993

Dec. 7, 1993

2

ORDER, dated 12/16/93, signed by Judge Charles P. Sifton. "The return date of the writ is adjourned to a date to be fixed at a status confernce to be held at the time and place originally fixed for the return and petitioner is directed to show cause at that conference why the writ should not be vacated as imprudently granted. So ordered on letter from AUSA Scott Dunn to Judge Sifton dated 12/15/93. (Conte, Daniela) Modified on 01/24/1994 (Entered: 12/20/1993)

Dec. 20, 1993

Dec. 20, 1993

5

Letter dated 12/20/93 from Bruno Bembi to Judge Sifton, written to explain the reasons why he believes it is appropriate for the Court to continue with the writ of habeas corpus for the above case. w/attachments. (Dobkin, David) (Entered: 12/27/1993)

Dec. 20, 1993

Dec. 20, 1993

3

Calendar entry: before Judge Sifton on 12/21/93 at 10:00. All parties present. Status conference held. Response to motion due by the government on 2/22/94; any reply is to be filed by 3/4/94; motion to be argued on 3/9/94 at 4:30PM . The motion for class certification will follow the same schedule. (Conte, Daniela) (Entered: 12/23/1993)

Dec. 21, 1993

Dec. 21, 1993

4

Letter dated 12/15/93 from AUSA Scott Dunn to Judge Sifton, in response to the Writ of Habeas Corpus, stating that the writ should be vacated and petitioner's request for a writ releasing him from confinement be dismissed. (Dobkin, David) (Entered: 12/27/1993)

Dec. 27, 1993

Dec. 27, 1993

Writ of (Vaughn, Terry) (Entered: 05/31/1994)

Jan. 21, 1994

Jan. 21, 1994

25

Class Action Writ of Habeas Corpus. (Unsigned by the Court. Rec'd. by the Court 1/24/94.) (Vaughn, Terry) (Entered: 05/31/1994)

Jan. 21, 1994

Jan. 21, 1994

6

MOTION by counsel for plaintiffs, dated 1/21/94, to supplement pleadings; for class-wide writ of habeas corpus; to add parties . Motion hearing date not set . Exhibits in support attached. (Conte, Daniela) Modified on 01/24/1994 (Entered: 01/24/1994)

Jan. 24, 1994

Jan. 24, 1994

7

MEMORANDUM by counsel for plaintiffs, dated 1/21/94, in support of their [6-1] motion to supplement pleadings; for class-wide writ of habeas corpus; to add parties. (Conte, Daniela) (Entered: 01/24/1994)

Jan. 24, 1994

Jan. 24, 1994

8

MEMORANDUM by counsel for plaintiffs, dated 1/21/94, "on likelihood of success on the merits in support of habeas corpus petitioners subclass". (Conte, Daniela) (Entered: 01/24/1994)

Jan. 24, 1994

Jan. 24, 1994

9

RETURN OF SERVICE executed as to Janet Reno on 12/8/93. Answer due on 4/8/94. (Conte, Daniela) (Entered: 01/25/1994)

Jan. 25, 1994

Jan. 25, 1994

RETURN OF SERVICE executed as to Doris Meisner, David L. Mihollan, H. Jere Armstrong, Paul Virtue, J. Scott Blackman, John B.Z. Kaplinger, Michael Treminsky, William S. Slattery on 12/14/93. Answer due on 1/3/94. (Attached to document number 9.) (Conte, Daniela) (Entered: 01/25/1994)

Jan. 25, 1994

Jan. 25, 1994

RETURN OF SERVICE executed as to William J. Carroll, Carol Chasse, Jack Penca, Clifton Rogers, William Odencrantz on 12/13/93. Answer due on 1/2/94. (Attached to document number 9.) (Conte, Daniela) (Entered: 01/25/1994)

Jan. 25, 1994

Jan. 25, 1994

10

MOTION by counsel for plaintiffs' for an order granting preliminary injunction . Motion hearing set for 4:30 on 2/21/94 [10-1] motion . Proposed order and Memoeandum in Support attached. (Conte, Daniela) (Entered: 02/07/1994)

Feb. 7, 1994

Feb. 7, 1994

11

DOCUMENTS in support of plaintiffs' [10-1] motion for an order granting preliminary injunction. (Conte, Daniela) (Entered: 02/07/1994)

Feb. 7, 1994

Feb. 7, 1994

12

CERTIFICATE OF SERVICE of the writ of habeas corpus on the US Attorney and District Director William Slattery on 12/15/93. (Conte, Daniela) (Entered: 02/08/1994)

Feb. 8, 1994

Feb. 8, 1994

26

Letter dated Feb. 15, 1994, from Scott Dunn, Asst. U.S. Atty., to Judge Sifton, requesting that defts. be provided until 3/8/94 to respond to the complaint and the numerous motions filed by pltfs. (Vaughn, Terry) (Entered: 05/31/1994)

Feb. 15, 1994

Feb. 15, 1994

**Added for Janet Reno, Doris Meisner, David L. Mihollan, H. Jere Armstrong, Paul Virtue, J. Scott Blackman, John B.Z. Kaplinger, Michael Treminsky, William S. Slattery, William J. Carroll, Carol Chasse, Jack Penca, Clifton Rogers, William Odencrantz attorney Scott Dunn (Vaughn, Terry) (Entered: 05/31/1994)

Feb. 15, 1994

Feb. 15, 1994

27

Letter undated from Bruno Bembi to Judge Sifton, to inform the Court that pltf. have no objection to the U.S. Atty.'s request for ext. of time to respond to the complaint and motions. (Vaughn, Terry) (Entered: 05/31/1994)

Feb. 16, 1994

Feb. 16, 1994

13

ORDER TO SHOW CAUSE: Show Cause Hearing set for 9:30 on 2/22/94 (signed by Judge Charles P. Sifton). The parties are to show cause why the relief requested in dft's 2/15/94 letter should not be granted. c/m (Conte, Daniela) (Entered: 02/18/1994)

Feb. 18, 1994

Feb. 18, 1994

14

Letter from AUSA Scott Dunn to Judge Sifton dated 2/18/94, Re: in further support of the request for an extension of time to file a response to the motion for preliminary injunction. (Conte, Daniela) (Entered: 02/22/1994)

Feb. 22, 1994

Feb. 22, 1994

15

Calendar entry: before Judge Sifton on 2/22/94 at 9:30. Counsel for all parties present. Dft's application to reset the motion hearing for 3/23/94 for the [10-1] motion for an order granting preliminary injunction is granted. The gov't is to notify pltff's counsel at least 2 weeks in advance of the deposition of any named pltff. (Conte, Daniela) (Entered: 02/24/1994)

Feb. 22, 1994

Feb. 22, 1994

16

MEMORANDUM of law by Janet Reno, Doris Meisner, David L. Mihollan, H. Jere Armstrong, Paul Virtue, J. Scott Blackman, John Kaplinger, Michael Treminsky, William S. Slattery, William J. Carroll, Carol Chasse, Jack Penca, Clifton Rogers, William Odencrantz in support of deft's motion to dismiss and in opposition to plaintiffs' motions for a preliminary injunction and class certification and to supplement the pleadings and add parties. (Dobkin, David) (Entered: 03/09/1994)

March 8, 1994

March 8, 1994

17

ORDER, dated 3/11/94 Response to motion set to 3/28/94 to motion to dismiss ( signed by Judge Charles P. Sifton ) (endorsed on letter dated 3/10/94 from Bruno Bembi to Judge Sifton). (Dobkin, David) (Entered: 03/16/1994)

March 16, 1994

March 16, 1994

18

MEMORANDUM by counsel for plaintiffs, dated 3/28/94, in opposition to defendants' motion to dismiss and in response to defendants' brief. Supporting documents attached. (Conte, Daniela) (Entered: 03/28/1994)

March 28, 1994

March 28, 1994

19

Letter from Bruno Bembi to Judge Sifton dated 4/4/94, Re: requesting to include additional Chinese aliens as part of the proposed class. (Conte, Daniela) (Entered: 04/12/1994)

April 12, 1994

April 12, 1994

20

REPLY MEMORANDUM OF LAW by AUSA Scott Dunn, dated 4/13/94, in further support of defendants' motion to dismiss and in opposition to plaintiffs' motions for a preliminary injunction and class certification and to supplement the pleadings and add parties. (Conte, Daniela) (Entered: 04/14/1994)

April 14, 1994

April 14, 1994

29

Letter dated April 25, 1994, from Mr. Bembi to Judge Sifton, with attachment, Exhibit 1, which is a list of 21 additional pltfs. who reside in the E.D. of New York and who have immigration court cases pending. (Vaughn, Terry) (Entered: 05/31/1994)

April 25, 1994

April 25, 1994

23

Calendar entry: Before Judge Sifton on 5/9/94 at 9:30. Counsel for all sides present. Reporter Gene Rudolph. Plaintiffs' motion for a temporary restraining order is denied. Plaintiff's motion for a preliminary injunction is scheduled for 5/13/94 at 2:00. The Govt is to serve and file its response by 5/11/94. Any reply is to be served and filed by 5/12/94. (fe) Modified on 05/16/1994 (Entered: 05/16/1994)

May 9, 1994

May 9, 1994

22

RESPONSE by counsel for defendants in opposition to plaintiff's motion for an order granting preliminary injunction and the release of plaintiff Yu Lin. Response submitted in the form of a letter from AUSA Scott Dunn to Judge Sifton dated 5/8/94. Enclosures. (Conte, Daniela) (Entered: 05/10/1994)

May 10, 1994

May 10, 1994

30

MEMORANDUM in opposition to Pltfs.' motion for a temporary restraining order and to compel release of Pltf. Yu Lin. (Vaughn, Terry) (Entered: 05/31/1994)

May 11, 1994

May 11, 1994

31

Brief in support of release of Lin, Yu. (Vaughn, Terry) (Entered: 05/31/1994)

May 12, 1994

May 12, 1994

32

MEMORANDUM in support of motion for temporary restraining order filed by Bruno Bembi. (Vaughn, Terry) (Entered: 05/31/1994)

May 12, 1994

May 12, 1994

33

Motion to add parties to the pleadings filed by Mr. Bembi. (Vaughn, Terry) (Entered: 05/31/1994)

May 12, 1994

May 12, 1994

34

Motion of Pltfs. to supplement pleadings. (Vaughn, Terry) (Entered: 05/31/1994)

May 12, 1994

May 12, 1994

35

Motion of Pltfs. for temporary restraining order to stay their exclusion or deportation from the U.S. pending the determination on the preliminary injunction (filed 2/21/94). (Vaughn, Terry) (Entered: 05/31/1994)

May 12, 1994

May 12, 1994

24

Calendar entry: Before Judge Sifton on 5/13/94, Civil Motion. Case called. Plaintiffs motion for a preliminary injuction for class certification, and for leave to supplement the pleadings and defendants motion for dismissal are argued. Decision reserved. (Roker, Michelle) (Entered: 05/17/1994)

May 13, 1994

May 13, 1994

28

Letter dtaed 5/13/94 from Mr. Bembi to the Court, with a list of PRC's who have a final order of exlusion and who are being detained by INS. (Vaughn, Terry) (Entered: 05/31/1994)

May 16, 1994

May 16, 1994

36

Copy of a letter dated 2/18/94 from AUSA, Scott Dunn, to Judge Sifton, in response to Pltfs.' letter rec'd. 2/16/94, regarding Pltfs.' opposition to Defts.' request for a 2 wk. extension of time to respond to Pltfs.' motion for a preliminary injunction. (Vaughn, Terry) (Entered: 05/31/1994)

May 31, 1994

May 31, 1994

37

Letter dated 5/5/94 from Mr. Bembi to Judge Sifton, regarding certain pltfs. & whether or not they were granted asylum. (Vaughn, Terry) (Entered: 05/31/1994)

May 31, 1994

May 31, 1994

38

Copy of a letter dated 5/8/94 from AUSA Scott Dunn to Judge Sifton, in response to Pltfs.' motions for a TRO and to compel INS to release pltf. Yu Lin. (Vaughn, Terry) (Entered: 05/31/1994)

May 31, 1994

May 31, 1994

39

Motion for a Temporary Restraining Order, etc., filed by Mr. Bembi. (Vaughn, Terry) (Entered: 05/31/1994)

May 31, 1994

May 31, 1994

40

MEMORANDUM in opposition to Pltfs.' mot. for a TRO and to compel release of Pltf. Yu Lin. (Vaughn, Terry) (Entered: 05/31/1994)

May 31, 1994

May 31, 1994

41

Unsigned Class Action Order . (Vaughn, Terry) (Entered: 06/01/1994)

May 31, 1994

May 31, 1994

42

Unsigned Class Action Order To Supplement Pleadings . (Vaughn, Terry) (Entered: 06/01/1994)

May 31, 1994

May 31, 1994

43

Writ of Habeas Corpus directed to the District Director, William S. Slattery, I&N Service, dated Dec. 14, 1993, directing that Yau Gwong Liu be brought together with a return stating the time & cause of his detention before a judge of this court on Dec. 21, 1993, at 10 a.m., to receive all further directions. ( signed by Judge Charles P. Sifton ) (Vaughn, Terry) (Entered: 06/01/1994)

May 31, 1994

May 31, 1994

49

PETITION for writ of habeas corpus filed by Shan Bin Zhou, dated 7/6/94. (Conte, Daniela) Modified on 11/09/1994 (Entered: 11/09/1994)

July 7, 1994

July 7, 1994

44

Letter from Bruno Joseph Bembi to Judge Sifton of 6/2/94, Re: advising that Lin Yu was release from INS pursuant to withdrawal of its appeal. Possible claims to damages for unlawful imprisonment are being researched. (Conte, Daniela) (Entered: 07/07/1994)

July 7, 1994

July 7, 1994

45

Calendar entry: before Judge Sifton on 7/13/94 at 9:30. Counsel for all parties present. Status conference held. Plaintiff's counsel is directed, if he seeks habeas corpus relief for any person not presently a party to this action, to either move for leave to add a party, or file a seperate action. (Conte, Daniela) (Entered: 07/14/1994)

July 13, 1994

July 13, 1994

46

PROPOSED ORDER to add parties NOT signed by the Judge. (Conte, Daniela) (Entered: 07/15/1994)

July 15, 1994

July 15, 1994

47

MEMO/ORDER, dated 9/6/94. Defendants' motion to dismiss is granted except as to plaintiffs Chen, Xiu Qin a.k.a Chen, Xie Xing and Zhou, Shan Bin. Plaintiffs motions for a temporary restraining order, a preliminary injunction, class certification and leave to amend the pleadings is denied (signed by Judge Charles P. Sifton). c/m (Conte, Daniela) (Entered: 09/08/1994)

Sept. 8, 1994

Sept. 8, 1994

Magistrate Gold has been selected by random selection to handle any matters that may be referred in this case. (Vaughn, Terry) (Entered: 10/13/1994)

Oct. 13, 1994

Oct. 13, 1994

48

NOTICE OF APPEAL by Liu Di Wang. Notice of Appeal and certified copy of docket sent appealing [47-1] order. FEE NOT PAID - attorney notified. Affidavit of service attached. (McGee, Maryann) (Entered: 11/04/1994)

Nov. 4, 1994

Nov. 4, 1994

Notice of Appeal and certified copy of docket to USCA: [48-1] appeal (McGee, Maryann) (Entered: 11/04/1994)

Nov. 4, 1994

Nov. 4, 1994

50

EXHIBITS to the petition for a writ of habeas corpus by Shan Bin Zhou. (Conte, Daniela) (Entered: 11/09/1994)

Nov. 9, 1994

Nov. 9, 1994

Filing Fee Paid; FILING FEE $ 105.00 RECEIPT # 167424 (McGee, Maryann) (Entered: 11/14/1994)

Nov. 14, 1994

Nov. 14, 1994

51

USCA Scheduling Order: [48-1] appeal Appeal record due by 12/27/94 . USCA Number: 94-2636 Appellant's brief due 1/2/95. Appellee's brief due 2/1/95. Argument set for 2/27/95. (McGee, Maryann) (Entered: 12/09/1994)

Dec. 9, 1994

Dec. 9, 1994

52

MANDATE OF USCA (certified copy) Re: [48-1] appeal. It is stipulated and agreed that this appeal is withdrawn without costs and without attorneys' fees. All parties retain the right to raise on any subsequent appeal following entry of final judgment all issues sought to be raised on this appeal. Certified. 2/17/95. Acknowledgment returned to USCA. Judge notified. USCA#94-2636. (McGee, Maryann) (Entered: 02/23/1995)

Feb. 23, 1995

Feb. 23, 1995

Case closed as per memo and order dated 9/6/94 document # 47 and as per chmabers. (Dobkin, David) (Entered: 03/25/1997)

March 25, 1997

March 25, 1997

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Dec. 7, 1993

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Citizens of the People's Republic of China who were detained pending deportation after being denied asylum and who asserted coercive family planning practices in China.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Immigration and Naturalization Service, Federal

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Habeas Corpus

Immigration/Border:

Asylum - criteria

Asylum - procedure

Deportation - judicial review

Family Separation

Refugees