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)

Hug, Procter Ralph Jr. (Nevada)

Kenyon, David Vreeland (California)

Norris, William Albert (California)

Reichmann, Joseph (California)

Reinhardt, Stephen Roy (California)

Solomon, Gus Jerome (Oregon)

Stevens, John Paul (District of Columbia)

Trott, Stephen S. (Idaho)

Wright, Eugene Allen (Washington)

Judge(s)

Ferguson, Warren John (California)

Hug, Procter Ralph Jr. (Nevada)

Kenyon, David Vreeland (California)

Norris, William Albert (California)

Reichmann, Joseph (California)

Reinhardt, Stephen Roy (California)

Solomon, Gus Jerome (Oregon)

Stevens, John Paul (District of Columbia)

Trott, Stephen S. (Idaho)

Wright, Eugene Allen (Washington)

Attorneys(s) for Plaintiff

Gzesk, Susan (Massachusetts)

Holguín, Carlos R. (California)

Moore, Erin (California)

O'Sullivan, Maureen (Massachusetts)

Perille, Patricia (District of Columbia)

Popkin, Margaret L. (California)

Rodriguez, Antonio (California)

Schey, Peter A. (California)

Vega, Xavier (California)

Yriarte, Monica (District of Columbia)

Attorneys(s) for Defendant

Bolton, John R. (District of Columbia)

Bonner, Robert C. (California)

Daly, John F. (District of Columbia)

Herwig, Barbara L. (District of Columbia)

Lipstein, Freddi (District of Columbia)

Marzen, Stephen J. (District of Columbia)

Rogers, John M. (District of Columbia)

Walters, Mark C. (District of Columbia)

Wu, George H. (California)

Other Attorney(s)

Schneebaum, Steven (District of Columbia)

Documents in the Clearinghouse

Document

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

743 F.2d 1365

Sept. 28, 1984

Sept. 28, 1984

Order/Opinion

2:83-cv-07927

Order

664 F.Supp. 5

March 5, 1985

March 5, 1985

Order/Opinion

85-06131

USCA Opinion

U. S. Court of Appeals for the Ninth Circuit

791 F.2d 1351

June 13, 1986

June 13, 1986

Order/Opinion

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

481 U.S. 1009

April 20, 1987

April 20, 1987

Order/Opinion

85-06131

Order Remanding Case

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

U. S. Court of Appeals for the Ninth Circuit

818 F.2d 869

May 19, 1987

May 19, 1987

Order/Opinion

88-05774

Per Curiam

U. S. Court of Appeals for the Ninth Circuit

892 F.2d 814

Dec. 21, 1989

Dec. 21, 1989

Order/Opinion

88-05774

USCA Opinion

U. S. Court of Appeals for the Ninth Circuit

913 F.2d 1350

Sept. 7, 1990

Sept. 7, 1990

Order/Opinion

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

499 U.S. 946

April 1, 1991

April 1, 1991

Order/Opinion

90-01090

Supreme Court Opinion

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

Supreme Court of the United States

502 U.S. 183

Dec. 16, 1991

Dec. 16, 1991

Order/Opinion

Resources

Docket

Last updated Aug. 10, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
119

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)

April 26, 1995

April 26, 1995

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

April 26, 1995

April 26, 1995

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

April 26, 1995

April 26, 1995

120

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)

May 2, 1995

May 2, 1995

121

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

July 7, 1995

July 7, 1995

122

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

July 7, 1995

July 7, 1995

123

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

July 12, 1995

July 12, 1995

124

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

July 24, 1995

July 24, 1995

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

July 24, 1995

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)

July 24, 1995

July 24, 1995

125

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

July 31, 1995

July 31, 1995

126

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)

Aug. 18, 1995

Aug. 18, 1995

127

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

Sept. 15, 1995

Sept. 15, 1995

128

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)

Sept. 25, 1995

Sept. 25, 1995

129

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

Oct. 20, 1995

Oct. 20, 1995

132

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

Oct. 30, 1995

Oct. 30, 1995

131

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)

Nov. 6, 1995

Nov. 6, 1995

133

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)

Feb. 9, 1996

Feb. 9, 1996

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

Immigration and Naturalization Service, State

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Availably Documents:

Trial Court Docket

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Constitutional rights

Deportation - criteria

Deportation - procedure

Employment

Work authorization - criteria