Case: Phan v. Friedes

1:77-04363 | U.S. District Court for the Northern District of Illinois

Filed Date: Nov. 22, 1977

Clearinghouse coding complete

Case Summary

In 1977, a group of parolee-refugees from Vietnam and Chile who legally entered the United States for an indefinite period and were residents of Illinois filed suit under 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Illinois to challenge their denial of state scholarship assistance solely on the basis that they are neither citizens nor permanent residents of the United States. They sought declaratory and equitable relief.On April 16, 1979, the District Court (Judge K…

In 1977, a group of parolee-refugees from Vietnam and Chile who legally entered the United States for an indefinite period and were residents of Illinois filed suit under 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Illinois to challenge their denial of state scholarship assistance solely on the basis that they are neither citizens nor permanent residents of the United States. They sought declaratory and equitable relief.

On April 16, 1979, the District Court (Judge Kirkland) granted plaintiffs' motion for summary judgment and certified a class consisting of "all Illinois residents who are refugees paroled into the United States for an indefinite period pursuant to 8 U.S.C. § 1182(d)(5) and who have been or may be denied Illinois state scholarship assistance solely on the basis that they are neither citizens not (sic) permanent residents of the United States ...." Defendants appealed, but the appeal was later dismissed.

Subsequently, Congress enacted the Refugee Act of 1980, which substantially reduced the number of refugees paroled into the United States. Plaintiffs moved to amend the final judgment and redefine the class so as to conform to certain sections of the Act. On February 17, 1981, the District Court (Judge Grady) granted plaintiffs' motion over defendants' objection. It redefined the class to consist of "all Illinois residents who are legally admitted into or granted asylum by the United States as refugees under Sections 207 and 208 of the Refugee Act of 1980, 8 U.S.C. §§ 1157, 1158, amended, as well as those who are legally paroled into the United States for an indefinite period of time pursuant to Section 212 of the Refugee Act of 1980, 8 U.S.C. § 1182(d)(5), which refugees have been or may be denied consideration for Illinois State Scholarships solely on the basis that they are neither citizens nor permanent residents of the United States." Phan v. Friedes, 91 F.R.D. 408 (N.D. Ill. 1981).

We have no further information on this case.

Summary Authors

Dan Dalton (11/4/2007)

People


Judge(s)

Grady, John Francis (Illinois)

Attorneys(s) for Plaintiff

Montgomery, Kenneth (Illinois)

Raskin, Debra (Illinois)

Resnick, Kalman D (Illinois)

Yanez, Linda R. (Illinois)

Attorneys(s) for Defendant

Collins, John Michael Jr. (Illinois)

Scott, William J. (Illinois)

Judge(s)

Grady, John Francis (Illinois)

Attorneys(s) for Plaintiff

Montgomery, Kenneth (Illinois)

Raskin, Debra (Illinois)

Resnick, Kalman D (Illinois)

Yanez, Linda R. (Illinois)

Attorneys(s) for Defendant

Collins, John Michael Jr. (Illinois)

Scott, William J. (Illinois)

Documents in the Clearinghouse

Document

Memorandum Opinion

U.S. District Court for the Central District of Illinois

91 F.R.D. 408

Feb. 17, 1981 Order/Opinion

Docket

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

Docket sheet not available via the Clearinghouse.

State / Territory: Illinois

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Nov. 22, 1977

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

All parolee-refugees who have been refused state scholarship assistance by defendants, members of the Illinois State Scholarship. Commission.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Illinois State Scholarship Commission, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Availably Documents:

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1979 - None

Issues

General:

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

Immigration/Border:

Asylum - criteria

Constitutional rights

Refugees

Status/Classification