Case: National Center for Immigrants' Rights, Inc. v. Immigration and Naturalization Service

2:83-cv-07927 | U.S. District Court for the Central District of California

Filed Date: Dec. 6, 1983

Closed Date: 1996

Clearinghouse coding complete

Case Summary

On December 6, 1983, a coalition of plaintiffs, including the National Center for Immigrants Rights, Inc., other immigration rights groups and individual alien detainees, brought suit in the United States District Court for the Central District of California, seeking to block the INS' implementation of a new regulation, 8 C.F.R. § 103.6(a)(2), which prohibited aliens from engaging in employment pending the outcome of their deportation hearings. Plaintiffs contended that the regulation violated…

On December 6, 1983, a coalition of plaintiffs, including the National Center for Immigrants Rights, Inc., other immigration rights groups and individual alien detainees, brought suit in the United States District Court for the Central District of California, seeking to block the INS' implementation of a new regulation, 8 C.F.R. § 103.6(a)(2), which prohibited aliens from engaging in employment pending the outcome of their deportation hearings. Plaintiffs contended that the regulation violated the Due Process and Equal Protection Clauses of the Fifth Amendment and other federal laws.

The District Court (Judge David V. Kenyon) entered a preliminary injunction, enjoining enforcement of the INS regulation. The INS appealed. The Ninth Circuit Court of Appeals affirmed in part; reversed and remanded in part. National Center for Immigrants Rights, Inc. v. I.N.S., 743 F.2d 1365 (9th Cir. 1984)

On remand, Judge Kenyon declared regulation invalid and the government again appealed. National Center For Immigrants' Rights, Inc. v. I.N.S., 644 F.Supp. 5 (C.D.Cal. 1985). The Ninth Circuit affirmed. National Center for Immigrants' Rights, Inc. v. I.N.S., 791 F.2d 1351 (9th Cir. 1986). The Supreme Court granted certiorari, vacated the judgment and remanded the case in light of the passage of the Immigration Reform and Control Act of 1986. Immigration and Naturalization Service v. National Center For Immigrants' Rights, 481 U.S. 1009, 107 S.Ct. 1881, 95 L.Ed.2d 489 (1987).

On remand, the District Court (Judge Kenyon) reaffirmed its prior judgment, and the government again appealed. Plaintiffs moved to dismiss the appeal because of a defective notice of appeal. That motion was denied. National Center for Immigrants' Rights, Inc. v. I.N.S., 892 F.2d 814 (9th Cir. 1989). In ruling on the merits of the case, the Ninth Circuit Court of Appeals (Circuit Judge Ferguson) affirmed, holding that the blanket no-work condition of the regulation was not within the discretion of the INS and that it was contrary to the congressional intent behind the Immigration Reform and Control Act. National Center for Immigrants' Rights, Inc. v. I.N.S., 913 F.2d 1350 (9th Cir. 1990). The Supreme Court granted certiorari. I.N.S. v. National Center for Immigrants' Rights, Inc., 499 U.S. 946, 111 S.Ct. 1412, 113 L.Ed.2d 465(1991).

A unanimous Supreme Court (Justice Stevens) reversed the judgment of the District Court and remanded the case, holding that the regulation on its face was consistent with the Attorney General's statutory authority. I.N.S. v. National Center for Immigrants' Rights, Inc., 502 U.S. 183, 112 S.Ct. 551, 116 L.Ed.2d 546 (1991).

On final remand, Judge Kenyon decertified the case, dismissed the remaining claims of plaintiffs and terminated the case.

Summary Authors

Dan Dalton (12/3/2007)

People

Judge(s)

Ferguson, Warren John (California)

Attorney for Plaintiff

Gzesk, Susan (Massachusetts)

Attorney for Defendant

Bolton, John R. (District of Columbia)

Bonner, Robert C. (California)

Daly, John F. (District of Columbia)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

2:83-cv-07927

Docket (PACER)

Natl Ctr Immigrant v. INS

Feb. 9, 1996

Feb. 9, 1996

Docket

84-05504

USCA Opinion

U.S. Court of Appeals for the Ninth Circuit

Sept. 28, 1984

Sept. 28, 1984

Order/Opinion

743 F.2d 1365

2:83-cv-07927

Order

March 5, 1985

March 5, 1985

Order/Opinion

664 F.Supp. 5

85-06131

USCA Opinion

U.S. Court of Appeals for the Ninth Circuit

June 13, 1986

June 13, 1986

Order/Opinion

791 F.2d 1351

86-01207

Order Granting Petition for Writ of Certiorari

Immigration and Naturalization Service v. National Center for Immigrants' Rights, Inc.

Supreme Court of the United States

April 20, 1987

April 20, 1987

Order/Opinion

481 U.S. 1009

85-06131

Order Remanding Case

National Center for Immigrants' Rights, Inc. v. I.N.S.

U.S. Court of Appeals for the Ninth Circuit

May 19, 1987

May 19, 1987

Order/Opinion

818 F.2d 869

88-05774

Per Curiam

U.S. Court of Appeals for the Ninth Circuit

Dec. 21, 1989

Dec. 21, 1989

Order/Opinion

892 F.2d 814

88-05774

USCA Opinion

U.S. Court of Appeals for the Ninth Circuit

Sept. 7, 1990

Sept. 7, 1990

Order/Opinion

913 F.2d 1350

2:83-cv-07927

Order Granting Petition for Writ of Certiorari

Immigration and Naturalization Service v. National Center for Immigrants' Rights, Inc.

Supreme Court of the United States

April 1, 1991

April 1, 1991

Order/Opinion

499 U.S. 946

90-01090

Supreme Court Opinion

Immigration and Naturalization Service v. National Center for Immigrants' Rights, Inc.

Supreme Court of the United States

Dec. 16, 1991

Dec. 16, 1991

Order/Opinion

502 U.S. 183

Resources

Docket

Last updated March 23, 2025, 9:30 a.m.

ECF Number Date Description Link
119 April 26, 1995

MINUTES:case should have been reopened on entry dtd 8-27-92 MDJS5 by Judge David V. Kenyon CR: none. MDJS5 (OPENING CLK REOPENED FOR CLK) (ENT 5-19-95). (ab) Modified on 08/24/1995 (Entered: 05/19/1995)

PACER
April 26, 1995

FOR ALL PREVIOUS DOCKETING, REFER TO THE PAPER DOCKET (mm) (Entered: 08/24/1995)

PACER
April 26, 1995

CASE REOPENED (mm) (Entered: 08/24/1995)

PACER
120 May 2, 1995

MINUTES: the crt & cnsl confer in chambers & on the record. The crt ORDS the plf to file its amd cmp not nlt than 6/1/95. The crt sets the discovery cut off date of 9/1/95; the law & mot filing cut off on 9/15/95. ; pretrial conference on 11:00 11/20/95 ; trial set on 8:00 12/5/95 by Judge David V. Kenyon CR: Parker (weap) Modified on 08/24/1995 (Entered: 05/20/1995)

PACER
121 July 7, 1995

NOTICE OF DISCREPANCY AND ORDER by Judge David V. Kenyon that mot to dism is to be fld & processed. (mm) (Entered: 08/24/1995)

PACER
122 July 7, 1995

NOTICE OF MOTION AND MOTION by defendant to dismiss ; motion hearing set for 10:00 7/24/95 (mm) (Entered: 08/24/1995)

PACER
123 July 12, 1995

ORDER Re oral arg for mots.. by Judge David V. Kenyon (mm) (Entered: 08/24/1995)

PACER
124 July 24, 1995

APPLICATION for dism w/o prej & partial opp to Govt's mot to dism..by plaintiff (mm) (Entered: 08/24/1995)

PACER
July 24, 1995

LODGED/PROPOSED Order (FWD TO CRD) (mm) (Entered: 08/24/1995)

PACER
July 24, 1995

LODGED Plf appl for dismissal without prejudice & partial oppo to government's mot todism submitted by plaintiffs (FWD TO CRD) (weap) (Entered: 11/29/1995)

PACER
125 July 31, 1995

RESPONSE by defendant to applic [124-1] rply to opp to mot to dism & dfts mot to strike. (mm) (Entered: 08/24/1995)

PACER
126 Aug. 18, 1995

ORDER by Judge David V. Kenyon; that because the named indiv plfs failure to prosecute this actn has demonstrated that they are inadeqyate reps of the clas, the class is hereby DECERTIFIED. Because all prptys agree tha dism is appropriate, plfs remaining clms are dism w/o prej. Plfs req for 60 dys ntc before dfts begin enforcing the challenged regulation is DENIED. terminating case (ENT 8/24/95) MD JS-6 mld cpys (mm) (Entered: 08/24/1995)

PACER
127 Sept. 15, 1995

RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 5/2/95 CR: Deborah D. Parker (dlu) (Entered: 09/18/1995)

PACER
128 Sept. 25, 1995

NOTICE OF MOTION AND MOTION by defendant INS, defendant Alan Nelson, defendant William French Smith for attorneys fees motion hearing set for 9:30 11/6/95 (weap) (Entered: 10/03/1995)

PACER
129 Oct. 20, 1995

OPPOSITION by Frank Howard to dfts motion for attorneys fees [128-1] (weap) (Entered: 10/30/1995)

PACER
132 Oct. 30, 1995

OPPOSITION by plaintiffs to dfts motion for sanctions. (weap) (Entered: 01/23/1996)

PACER
131 Nov. 6, 1995

REPLY MEMO by defendant William French Smith, defendant Alan Nelson, defendant INS, defendant Colition for Visas in support of motion for attys fees [128-1] (weap) (Entered: 11/15/1995)

PACER
133 Feb. 9, 1996

ORDER by Judge David V. Kenyon denying motion for attorneys fees [128-1]. (ENT 2/15/96). mld cpys/ntc to ptys. (dhl) (Entered: 02/15/1996)

PACER

Case Details

State / Territory:

California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Dec. 6, 1983

Closing Date: 1996

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Aliens who were denied engaging in employment pending outcome of their deportation hearings.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Immigration and Naturalization Service

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Other Dockets:

Central District of California 2:83-cv-07927

Supreme Court of the United States 90-1090

U.S. Court of Appeals for the Ninth Circuit 88-05774

U.S. Court of Appeals for the Ninth Circuit 85-06131

Supreme Court of the United States 86-1207

U.S. Court of Appeals for the Ninth Circuit 84-05504

Available Documents:

Any published opinion

Trial Court Docket

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

Litigation

Content of Injunction:

National / Universal injunction

Preliminary relief granted

Issues

Immigration/Border:

Constitutional rights

Deportation - criteria

Deportation - procedure

Employment

Work authorization - criteria

Recommended Citation