Case: Naranjo-Aguilera v. US Immigration and Naturalization Service

2:91-cv-01462 | U.S. District Court for the Eastern District of California

Filed Date: Oct. 23, 1991

Clearinghouse coding complete

Case Summary

On October 23, 1991, attorneys for the Farmworker Justice Fund Inc., the National Immigration Law Center, the California Rural Legal Assistance and Legal Services of Northern California filed a class action suit on behalf of immigrant agricultural workers in the U.S. District Court Eastern District of California to challenge immigration policies which affect immigrants seeking special status under the Special Agricultural Workers (SAW) legalization program. The Special Agricultural Worker prog…

On October 23, 1991, attorneys for the Farmworker Justice Fund Inc., the National Immigration Law Center, the California Rural Legal Assistance and Legal Services of Northern California filed a class action suit on behalf of immigrant agricultural workers in the U.S. District Court Eastern District of California to challenge immigration policies which affect immigrants seeking special status under the Special Agricultural Workers (SAW) legalization program. The Special Agricultural Worker program was created by the Immigration Reform and Control Act of 1986 (IRCA) and allowed undocumented alien farmworkers to attain temporary and then permanent resident status under certain circumstances. The program was amended by the Immigration Nursing Relief Act of 1989 which established, the "one/three rule": mandatory denial or termination of temporary resident status granted under the Special Agricultural Workers legalization program to immigrants convicted of one felony or three misdemeanors. Plaintiffs' lawsuit challenged the INS' interpretation and application of the one/three rule.

The government moved to dismiss for lack of jurisdiction. The parties also filed cross-motions for summary judgment.

The District Court (Judge Edward J. Garcia) entered summary judgment for farm workers on some claims, and for INS on other claims. Both parties appealed.

The Court of Appeals vacated the District Court judgment, holding that the Court lacked jurisdiction to consider the plaintiffs' claims. The Court held that Immigration Reform and Control Act of 1986 provided for judicial review only upon appeal of an order of deportation. The Act did not permit the Court to hear a class action challenging INS regulations. Naranjo-Aguilera v. U.S. I.N.S., 30 F.3d 1106 (9th Cir. 1994).

Summary Authors

Dan Dalton (11/6/2007)

People


Judge(s)

Fletcher, William A. (California)

Garcia, Edward J. (California)

Hollows, Gregory G. (California)

King, Carolyn Dineen (Texas)

Trott, Stephen S. (Idaho)

Attorneys(s) for Plaintiff

Goldstein, Bruce Nevin (District of Columbia)

Kennedy, William C. (California)

Kohn, Richard S. (California)

Lehrman, Douglas M. (California)

Miksch, Karen L (California)

Judge(s)

Fletcher, William A. (California)

Garcia, Edward J. (California)

Hollows, Gregory G. (California)

King, Carolyn Dineen (Texas)

Trott, Stephen S. (Idaho)

Attorneys(s) for Plaintiff

Goldstein, Bruce Nevin (District of Columbia)

Kennedy, William C. (California)

Kohn, Richard S. (California)

Lehrman, Douglas M. (California)

Miksch, Karen L (California)

Poplawski, Christine (District of Columbia)

Rosenbaum, Stephen A. (California)

Salgado, Susana Teresa (California)

Wheeler, Charles Hammond (California)

Attorneys(s) for Defendant

Keener, Donald E. (District of Columbia)

Williams, Glyndell E. (California)

Documents in the Clearinghouse

Document

Docket (PACER)

Naranjo-Aguilera v. U S Immigration

Jan. 23, 1995 Docket

USCA Opinion

Naranjo-Aguilera v. U.S. Immigration and Naturalization Service

U. S. Court of Appeals for the Ninth Circuit

30 F.3d 1106

July 22, 1994 Order/Opinion
62

Opinion [re: Motion to Dismiss]

Naranjo-Aguilera v. U.S. Immigration and Naturalization Service

1994 U.S.Dist.LEXIS 20315

Nov. 22, 1994 Order/Opinion

Resources

Title Description External URL

Docket

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

ECF Number Description Date Link
1

COMPLAINT for Declaratory and Injunctive relief; Summons issued; fee status paid; Receipt # 136156; Notice re: Consent forms. (old) (Entered: 10/23/1991)

Oct. 23, 1991
2

ORDER setting scheduling conference for 10:30 2/14/92 before Judge Edward J Garcia (cc: all counsel) (old) (Entered: 10/23/1991)

Oct. 23, 1991
3

STATUS REPORT by federal defendants; hrg set 2/14/92 at 10:30 (old) (Entered: 02/04/1992)

Feb. 3, 1992
4

RETURN OF SERVICE executed upon defendant William P Barr on 10/30/91 (old) (Entered: 02/04/1992)

Feb. 4, 1992
5

RETURN OF SERVICE executed upon defendant U S Immigration on 10/30/91 (old) (Entered: 02/04/1992)

Feb. 4, 1992
6

RETURN OF SERVICE executed upon US Attorney General George L O'Connell on 12/6/91 (old) (Entered: 02/04/1992)

Feb. 4, 1992
7

STATUS REPORT by plaintiffs; hrg set 2/14/92 at 10:30 (old) (Entered: 02/04/1992)

Feb. 4, 1992
8

NOTICE by plaintiffs of association of attorney Stephen Allen Rosenbaum, Richard S Kohn, Susana T Salgado of California Rural Legas Assistance (old) (Entered: 02/18/1992)

Feb. 13, 1992
9

NOTICE of hearing ; Scheduling conf reset for 6/5/92 at 9:00 before EJG ( cc: all counsel) (old) (Entered: 03/06/1992)

March 4, 1992
10

ANSWER by defendant U S Immigration, defendant William P Barr (old) (Entered: 04/02/1992)

April 2, 1992
11

NOTICE OF MOTION AND MOTION by defendants U S Immigration, William P Barr for judgment on the pleadings; hrg 6/5/92 9:00 EJG (old) (Entered: 04/02/1992)

April 2, 1992
13

NOTICE OF MOTION AND MOTION by plaintiffs for class certification; hrg 6/5/92 9:00 EJG (old) (Entered: 04/20/1992)

April 17, 1992
14

MEMORANDUM OF POINTS AND AUTHORITIES by plaintiff IN SUPPORT of motion for class certification; hrg 6/5/92 9:00 EJG [13-1]; Exhibits 1 through 3 (old) (Entered: 04/20/1992)

April 17, 1992

LODGED Pro hac vice application and order for Bruce Goldstein atty for pltf (old) (Entered: 05/12/1992)

May 12, 1992
15

ORDER by Judge Edward J Garcia ORDERING: lodged pro hac vice application is GRANTED; for attorney Bruce Goldstein to appear pro hac vice for pltfs (cc: all counsel) (old) (Entered: 05/20/1992)

May 20, 1992
16

OPPOSITION by plaintiffs to motion for judgment on the pleadings; hrg 6/5/92 9:00 EJG [11-1] (old) (Entered: 05/21/1992)

May 21, 1992
16

NOTICE OF COUNTER-MOTION AND COUNTER-MOTION by plaintiffs for summary judgment; hrg 6/5/92 9:00 EJG (old) (Entered: 05/21/1992)

May 21, 1992
17

EXHIBITS by plaintiffs IN SUPPORT of motion for summary judgment; hrg 6/5/92 9:00 EJG [16-1], of motion response [16-1] (old) (Entered: 05/21/1992)

May 21, 1992
18

MEMORANDUM by defendants in opposition to motion for class certification; hrg 6/5/92 9:00 EJG [13-1] (old) (Entered: 05/26/1992)

May 22, 1992

LODGED: stipulation and order on motion for summary judgment (old) (Entered: 05/29/1992)

May 26, 1992
19

REPLY by plaintiff to response to motion for class certification; hrg 6/5/92 9:00 EJG [13-1] (old) (Entered: 06/02/1992)

June 1, 1992
20

REPLY by defendants to response to motion for judgment on the pleadings; hrg 6/5/92 9:00 EJG [11-1], motion for summary judgment; hrg 6/5/92 9:00 EJG [16-1] (old) (Entered: 06/02/1992)

June 1, 1992
22

MEMORANDUM by defendants IN OPPOSITION to motion for class certification; hrg 6/5/92 9:00 EJG [13-1] (old) (Entered: 06/03/1992)

June 2, 1992
23

REPLY by defendant to response to motion for judgment on the pleadings; hrg 6/5/92 9:00 EJG [11-1] (old) (Entered: 06/03/1992)

June 2, 1992
23

OPPOSITION by defendants to motion for summary judgment; hrg 6/5/92 9:00 EJG [16-1] (old) (Entered: 06/03/1992)

June 2, 1992
21

STIPULATION and ORDER by Judge Edward J Garcia ORDERING: defendant's shall file their reply to plaintiff's opposition to defendant's motion for judgment on the pleadings ON OR BEFORE 6/1/92; plaintiff's shall file their reply to the defendant's opposition to plaintiff;s motion for class certification ON OR BEFORE 6/1/92 (cc: all counsel) (old) (Entered: 06/03/1992)

June 3, 1992
25

LETTER to court dated 6/1/92 from attorney for plaintiffs re Kristing Poplawski has left Farmworker Justice Fund and no longer represents the pltfs (old) (Entered: 06/05/1992)

June 4, 1992
26

NOTICE OF MOTION AND MOTION by defendants for permission to submit agreement on certain points and additional authority on class certification; hrg 6/15/92 4:00 EJG (old) (Entered: 06/12/1992)

June 10, 1992
27

NOTICE of Defendant's Agreement on certain points an dadditional authority on class certification by defendant U S Immigration, defendant William P Barr (old) (Entered: 06/16/1992)

June 10, 1992
28

MINUTES of Motion Hearing of 6/15/92 GRANTING in part and DENYING in part motion for summary judgment; hrg 6/5/92 EJG [16-1], that the motion for class certification; hrg 6/5/92 9:00 EJG [13-1] is SUBMITTED, GRANTING in part and DENYING in part motion for judgment on the pleadings; hrg 6/5/92 9:00 EJG [11-1]; order with specifics to follow (old) (Entered: 06/18/1992)

June 15, 1992
29

MEMORANDUM, Opinion and Order: by Judge Edward J Garcia ORDERING: pltfs' motion for class certification [13-1], is GRANTED; see instant order for certification of subclasses; as to pltf's APA claim EXCEPT insofar as it relates to eligibility requirement portion of 8 CFR section 210.3(d)(3), dfts' motion for judgment on the pleadings [11-1] is GRANTED and pltfs' counter-motion for summary judgment is DENIED; as to the eligibility requirement, dfts' motion for judgment on the pleadings is DENIED and pltfs' motion for summary judgment [16-1] is GRANTED; court has disposed of all pltfs; claims; and Clerk directed to enter judment accordingly terminating case (cc: all counsel) (old) (Entered: 06/30/1992)

June 30, 1992
30

JUDGMENT ENTERED: 6/30/92 pursuant to court's order [29-1] for both parties on separate portions of claims (cc: all counsel) (old) (Entered: 06/30/1992)

June 30, 1992
31

NOTICE OF APPEAL by defendant from Dist Court decision [29-1], [30-1] (fee status: waived) (old) (Entered: 09/02/1992)

Aug. 31, 1992
32

MAILED case information/docket fee payment notice, copy of Notice of Appeal and appealed 6/30/92 judgment to 9th Circuit Court of Appeals. Copy of appeal and certified copy of docket sheet to all parties (old) (Entered: 09/14/1992)

Sept. 14, 1992

APPEAL fee of $105.00 paid; receipt numbers 140872 and 140873 [31-1] (old) (Entered: 09/14/1992)

Sept. 14, 1992
33

NOTICE OF APPEAL by plaintiff Francisco Naranjo-Aguilera, plaintiff Candelario Orozco-Macias, plaintiff Juventino Tafolla-Ramirez, plaintiff Hector Orozco-Flores, plaintiff Celestino Gaona from Dist. Court decision, [29-2] ( fee status: paid Reciept 140872, 140873) (old) (Entered: 11/19/1992)

Sept. 14, 1992
34

NOTIFICATION by Circuit Court of Appellate Docket Number 92-16653 (old) (Entered: 10/06/1992)

Oct. 5, 1992
36

TRANSCRIPT DESIGNATION and Ordering Form for dates: 6/15/92 (old) (Entered: 10/07/1992)

Oct. 7, 1992
37

TRANSCRIPT DESIGNATION and Ordering Form for dates: 6/15/92 (old) (Entered: 10/13/1992)

Oct. 9, 1992
38

TIME SCHEDULE ORDER from USCA; See order for more details (cc: all counsel) (old) (Entered: 10/19/1992)

Oct. 14, 1992
39

TRANSCRIPT of 6/15/92 at 4:00 (old) (Entered: 10/19/1992)

Oct. 16, 1992
40

CERTIFICATE of Record Transmitted to USCA (Notice sent) (old) (Entered: 10/20/1992)

Oct. 20, 1992
41

MAILED case information/docket fee payment notice, copy of Notice of Appeal and appealed 6/30/92 judgment and Certificate of Record to 9th Circuit Court of Appeals. Copy of appeal and certified of docket sheet to all parties. (old) (Entered: 11/19/1992)

Nov. 19, 1992
42

NOTIFICATION by Circuit Court of Appellate Docket Number 92-16933 (old) (Entered: 11/30/1992)

Nov. 30, 1992
43

CERTIFIED COPY of Appellate Court Order: TIME SCHEDULE ORDER: see order for more details (old) (Entered: 12/03/1992)

Dec. 2, 1992
44

NOTICE OF MOTION AND MOTION by defendant U S Immigration, defendant William P Barr to hold plaintiff's motion in abeyance set for 12/18/92 at 9:00 before EJG (old) (Entered: 12/04/1992)

Dec. 4, 1992
45

MEMORANDUM by defendant U S Immigration, defendant William P Barr in SUPPORT of defendant's motion to hold plaintiff's motion in abeyance [44-1], in OPPOSITION of motion for supplemental relief by plaintiffs set for 12/18/92 at 9:00 before EJG [35-1] (old) (Entered: 12/04/1992)

Dec. 4, 1992
46

REPLY by plaintiff Candelario Orozco-Macias, plaintiff Juventino Tafolla- Ramirez, plaintiff Hector Orozco-Flores, plaintiff Celestino Gaona to response to motion for supplemental relief by plaintiffs set for 12/18/92 at 9:00 before EJG [35-1] (old) (Entered: 12/11/1992)

Dec. 11, 1992
47

MINUTES of Motion Hearing DENYING motion for supplemental relief by plaintiffs set for 12/18/92 at 9:00 before EJG [35-1]; matter held in abeyance pending appeal (old) (Entered: 12/18/1992)

Dec. 18, 1992
48

ORDER by Judge Edward J Garcia finding the motion to hold plaintiff's motion in abeyance [44-1] moot, DENYING motion for supplemental relief by plaintiffs set for 12/18/92 at 9:00 before EJG [35-1] (cc: all counsel) (old) (Entered: 12/23/1992)

Dec. 23, 1992
49

TRANSCRIPT of 12/18/92 (old) (Entered: 01/08/1993)

Jan. 8, 1993
51

RECEIPT from USCA, Ninth Circuit acknowledgment of record on appeal on 2/1/94 (old) (Entered: 02/08/1994)

Feb. 7, 1994
52

CERTIFIED COPY of 9th Circuit Order judgment of the District Court [Appeal [33-1], District Court [Appeal [31-1] is vacated (cc: all counsel) (old) (Entered: 08/17/1994)

Aug. 17, 1994
53

NOTICE by plaintiff of change of address to CA Rural Legal Assistance 631 Howard St, Suite 300 San Francisco CA 94105-3907 (old) (Entered: 09/06/1994)

Sept. 2, 1994
54

NOTICE OF MOTION and MOTION to dismiss by defts US Imigration and William P Barr motion to be heard 10/21/94 at 9:00 am by Judge Edward J. Garcia (old) (Entered: 09/12/1994)

Sept. 12, 1994
55

MEMORANDUM by defendant U S Immigration, defendant William P Barr in support of [54-1] motion to dismiss complaint (old) (Entered: 09/12/1994)

Sept. 12, 1994
56

EX PARTE motion by plaintiffs Francisco Naranjo-Aguilera, Candelario Orozco-Macias, Juventino Tafolla-Ramirez, Hector Orozco-Flores, Celestino Gaona for a continuance of defendants' motion to dismiss the complaint (until after 10/21/94 at 9:00am) (old) (Entered: 09/23/1994)

Sept. 21, 1994

LODGED Order continuing defendants' motion to dismiss the complaint by plaintiff (old) (Entered: 09/23/1994)

Sept. 21, 1994
57

ORDER by Judge Edward J Garcia: GRANTING plaintiff's ex parte motion to reset hearing on defendant's motion to dismiss; CONTINUING motion to dismiss defts US Imigration and William P Barr [54-1] to 11/18/94 at 9:00am; plaintiffs' opposition brief due 11/4/94; defendants' reply due 11/11/94 (cc: all counsel) (old) (Entered: 09/26/1994)

Sept. 26, 1994
58

OPPOSITION by defendants U S Immigration, William P Barr to ex parte application for a continuance of defendants' motion to dismiss the complaint [56- 1] (old) (Entered: 09/27/1994)

Sept. 26, 1994
59

MEMORANDUM by plaintiff Francisco Naranjo-Aguilera, plaintiff Candelario Orozco-Macias, plaintiff Juventino Tafolla-Ramirez, plaintiff Hector Orozco- Flores, plaintiff Celestino Gaona in opposition to defendants' motion to dismiss the complaint [54-1] (old) (Entered: 11/07/1994)

Nov. 4, 1994
60

REPLY MEMORANDUM by defendants U S Immigration, William P Barr in support of motion to dismiss by defts US Imigration and William P Barr [54-1] (old) (Entered: 11/15/1994)

Nov. 10, 1994
61

REPLY Memorandum in support of motion to dismiss the complaint by defendants U S Immigration and William P Barr [54-1] (old) (Entered: 11/16/1994)

Nov. 14, 1994
63

MINUTES of Proceedings regarding dismissal motion before Judge Edward J Garcia; C/R Latz 923-5447; COURT FINDS IT DOES NOT HAVE JURISDICTION; dismissal motion moot (old) (Entered: 11/23/1994)

Nov. 21, 1994
62

ORDER by Judge Edward J Garcia finding the motion to dismiss by defts US Imigration and William P Barr [54-1] moot since this action has not been remanded back to this court (cc: all counsel) (old) (Entered: 11/22/1994)

Nov. 22, 1994
64

TRANSCRIPT of 11/18/94 hearing on motion of dismissal before EJG by C/R Lori Latz (old) (Entered: 01/24/1995)

Jan. 23, 1995

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Oct. 23, 1991

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individual who faced mandatory denial or termination of temporary resident status granted under the Special Agricultural Workers legalization program because they were convicted of one felony or three misdemeanors.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

United States Immigration and Naturalization Service, Federal

Attorney General of the United States, Federal

Case Details

Causes of Action:

Immigration Reform and Control Act of 1986 (IRCA)

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Immigration/Border:

Constitutional rights

Employment

Legalization/Amnesty

Status/Classification

Temporary foreign workers program