Case: Tefel v. Reno

1:97-cv-00805 | U.S. District Court for the Southern District of Florida

Filed Date: March 28, 1997

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On March 28, 1997, Nicaraguan aliens filed a class-action complaint in the United States District Court for the Southern District of Florida, challenging the federal government's interpretation of the applicability of the "stop-time" rule for determining eligibility for suspension of deportation.Prior to the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996, which amended the Immigration and Nationality Act, an alien facing deportation could apply for "suspension of d…

On March 28, 1997, Nicaraguan aliens filed a class-action complaint in the United States District Court for the Southern District of Florida, challenging the federal government's interpretation of the applicability of the "stop-time" rule for determining eligibility for suspension of deportation.

Prior to the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996, which amended the Immigration and Nationality Act, an alien facing deportation could apply for "suspension of deportation" if he met certain statutory factors, which included that the alien had been "physically present in the U.S. for a continuous period of not less than 10 years after becoming deportable or 7 years after applying for suspension of deportation." Time spent in deportation proceedings counted toward the physical-residence requirement.

The IIRIRA repealed the suspension-of-deportation provision of INA § 244 and replaced it a "cancellation of removal" provision. To be eligible for cancellation of removal, the alien was required to meet certain time requirements of residing in the U.S. The IIRIRA also contained a new "stop-time" provision, under which an alien's period of residence or continuous physical presence in the U.S. was deemed to end once the alien was served with a "notice to appear" for removal proceedings or committed a criminal offense described in INA § 244A(d)(1). Shortly after the enactment of IIRIRA, the Board of Immigration Appeals (BIA) held that the new "stop-time" rule applied to aliens who had applied for suspension of deportation prior to IIRIRA's enactment. Plaintiffs challenged the BIA's application of the "stop-time" rule as violating the Equal Protection and Due Process Clauses of the Fifth Amendment.

The District Court (Judge James Lawrence King) certified the case as a class action and issued a TRO order against enforcement of INS policy and against the deportation of class members during the pending action. Tefel v. Reno, 972 F.Supp. 608 (S.D.Fla. 1997). Following a hearing, the Court issued a class-wide preliminary injunction prohibiting the enforcement of the stop-time provision of the IIRIRA to pending applications for suspension of deportation. Tefel v. Reno, 972 F.Supp. 623 (S.D.Fla. 1997). The government's motion to dissolve the injunction was denied. Tefel v. Reno, 996 F.Supp. 1 (S.D.Fla. 1998). The government appealed the District Court's orders.

The United States Court of Appeals for the Eleventh Circuit vacated the District Court's preliminary injunction and remanded the case for further proceedings. Tefel v. Reno, 180 F.3d 1286 (11th Cir.1999). Rehearing en banc was denied. Tefel v. Reno, 198 F.3d 265 (11th Cir. 1999). Certiorari was also denied. Tefel v. Reno, 530 U.S. 1228, 120 S.Ct. 2657, 147 L.Ed.2d 272 (2000).

On remand, the District Court (Patricia A. Seitz) decertified the class and granted summary judgment to all defendants against all plaintiffs, per order dated January 24, 2002. According to the PACER docket, plaintiffs did not appeal the judgment.

Summary Authors

Dan Dalton (1/6/2007)

People


Judge(s)

Brown, Stephen Thomas (Florida)

Hull, Frank M. (Georgia)

King, James Lawrence (Florida)

Marcus, Stanley (Florida)

Seitz, Patricia A. (Florida)

Attorneys(s) for Plaintiff

Boyer, Robert L. (Florida)

Carranza, Kari Woodward (Florida)

Cruz, Esther Olavarria (Florida)

Kelly, Linda (Florida)

Kramer, Mary E. (Florida)

Judge(s)

Brown, Stephen Thomas (Florida)

Hull, Frank M. (Georgia)

King, James Lawrence (Florida)

Marcus, Stanley (Florida)

Seitz, Patricia A. (Florida)

Attorneys(s) for Plaintiff

Boyer, Robert L. (Florida)

Carranza, Kari Woodward (Florida)

Cruz, Esther Olavarria (Florida)

Kelly, Linda (Florida)

Kramer, Mary E. (Florida)

Kurzban, Ira J. (Florida)

Louis, Mario (Florida)

Lovo, Mario Martin (Florida)

Mirabal, Jeannette (Florida)

Sharpless, Rebecca (Florida)

Tome, Vicente Agustin (Florida)

Varas, Ernesto (Florida)

Attorneys(s) for Defendant

Amanat, F. Franklin (New York)

Bernal, David V. (District of Columbia)

Friedman, Laura M. (District of Columbia)

Hunger, Frank W. (District of Columbia)

Jordan, Adalberto Jose (Florida)

Levin, Oscar (Florida)

Molina, Ernesto H. Jr. (District of Columbia)

Oviedo-Reyes, Alfonso E. (Florida)

Reyna, Nelda C. (District of Columbia)

Scherker, Elliot H. (Florida)

Other Attorney(s)

Lee, Dexter (Florida)

Documents in the Clearinghouse

Document

1:97-cv-00210

Docket [PACER - Consolidated Case]

Lacayo v. Wallis

Dec. 12, 1997

Dec. 12, 1997

Docket

1:97-cv-00805

Docket [PACER]

Tefel v. US Attorney General

April 4, 2002

April 4, 2002

Docket
1

1:97-cv-00805

Class Action Verified Complaint

April 2, 1997

April 2, 1997

Complaint
55

1:97-cv-00805

Order Denying Motion to Dismiss, Certifying Class and Appointing Lead Counsel, Granting Temporary Restraining Order, and Setting Preliminary Injunction Hearing []

972 F.Supp. 608

May 20, 1997

May 20, 1997

Order/Opinion
80

1:97-cv-00805

Order Compelling Production of Certain Documents; Finding Privilege Applies to Certain Other Documents

June 10, 1997

June 10, 1997

Order/Opinion
117

1:97-cv-00805

Order [Granting in Part and Denying in Part Defendant's Appeal from Discovery Orders]

June 12, 1997

June 12, 1997

Order/Opinion
171

1:97-cv-00805

Preliminary Injunction

972 F.Supp. 623

June 24, 1997

June 24, 1997

Order/Opinion
218

1:97-cv-00805

Order Denying Defendants' Motion to Dissolve Injunction, Motion to Dismiss, and Motion for Summary Judgment

996 F.Supp. 1

Feb. 10, 1998

Feb. 10, 1998

Order/Opinion

98-04616

Opinion [Vacating Preliminary Injunction; Remanding Case]

U. S. Court of Appeals for the Eleventh Circuit

180 F.3d 1286

July 14, 1999

July 14, 1999

Order/Opinion

98-04616

[Rehearing Denied]

U. S. Court of Appeals for the Eleventh Circuit

198 F.3d 265

Oct. 6, 1999

Oct. 6, 1999

Order/Opinion

Resources

Docket

Last updated Aug. 10, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT/Petition for a writ of habeas corpus with stay of deportation filed; FILING FEE $150.00 RECEIPT # 671996; A-7; RLD (Former Deputy Clerk) Modified on 01/28/1997 (Entered: 01/28/1997)

Jan. 24, 1997

Jan. 24, 1997

Magistrate identification: Magistrate Judge Dube (Former Deputy Clerk) (Entered: 01/28/1997)

Jan. 24, 1997

Jan. 24, 1997

2

SUMMONS(ES) issued for Robert A. Wallis (Former Deputy Clerk) (Entered: 01/28/1997)

Jan. 24, 1997

Jan. 24, 1997

3

EMERGENCY MOTION by Rene Lacayo for Hearing for release from custody (Former Deputy Clerk) (Entered: 02/03/1997)

Jan. 28, 1997

Jan. 28, 1997

4

RESPONSE by Robert A. Wallis in opposition to [1-1] motion for preliminary injunction, [1-1] complaint/petition for a writ of habeas corpus with a stay of deportation (Former Deputy Clerk) (Entered: 02/04/1997)

Jan. 30, 1997

Jan. 30, 1997

5

MOTION by Robert A. Wallis for leave to file response to petition for writ of Habeas Corpus in excess of 20 pages (Former Deputy Clerk) (Entered: 02/04/1997)

Jan. 30, 1997

Jan. 30, 1997

6

ORDER granting [1-1] complaint/Motion for temporary stay of deportation. Petitioner's deporation is STAYED pending further order of this Court. ( signed by Judge Edward B. Davis on 1/31/97) CCAP (Former Deputy Clerk) (Entered: 02/04/1997)

Jan. 31, 1997

Jan. 31, 1997

7

ORDER granting [5-1] motion for leave to file response to petition for writ of Habeas Corpus in excess of 20 pages ( signed by Judge Edward B. Davis on 1/31/97) CCAP (Former Deputy Clerk) (Entered: 02/05/1997)

Feb. 3, 1997

Feb. 3, 1997

8

EMERGENCY NOTICE of filing Report of Contempt of Court (attached) by Rene Lacayo (Former Deputy Clerk) (Entered: 02/07/1997)

Feb. 6, 1997

Feb. 6, 1997

8

EMERGENCY REQUEST by Rene Lacayo for release from detention (Former Deputy Clerk) (Entered: 02/07/1997)

Feb. 6, 1997

Feb. 6, 1997

9

SUPPLEMENTAL MEMORANDUM of law regarding phase out of Nicaraguan Review Program by Robert A. Wallis (Former Deputy Clerk) (Entered: 02/07/1997)

Feb. 6, 1997

Feb. 6, 1997

10

RESPONSE by Robert A. Wallis in opposition to [8-1] motion for release from detention (Former Deputy Clerk) (Entered: 02/18/1997)

Feb. 12, 1997

Feb. 12, 1997

11

RESPONSE by Robert A. Wallis to [8-1] notice (Former Deputy Clerk) (Entered: 02/25/1997)

Feb. 21, 1997

Feb. 21, 1997

12

REPLY by Rene Lacayo to response to [3-1] motion for Hearing for release from custody (Former Deputy Clerk) (Entered: 03/05/1997)

March 3, 1997

March 3, 1997

13

SECOND EMERGENCY MOTION by Rene Lacayo for release from custody (Former Deputy Clerk) (Entered: 05/28/1997)

May 21, 1997

May 21, 1997

14

RESPONSE by Robert A. Wallis to [13-1] motion for release from custody (Former Deputy Clerk) (Entered: 06/09/1997)

June 2, 1997

June 2, 1997

15

NOTICE of filing unagreed order pertaining to release of petitioner by Robert A. Wallis (Former Deputy Clerk) (Entered: 07/03/1997)

June 26, 1997

June 26, 1997

16

ORDER terminating [3-1] motion for Hearing for release from custody (hearing was held on 6/26/97), upon [8-1] motion for release from detention, upon [13-1] motion for release from custody. The Respondent shall release petitioner from custody. It is further ordered that the petitioner shall report in person every 60 days, commencing 8/25/97 to Supervisory Deportation Office Cornell, at the Immigration and Naturalization Service, and be placed under supervision with the INS. (signed by Judge Edward B. Davis on 6/26/97) CCAP (Former Deputy Clerk) (Entered: 07/03/1997)

June 26, 1997

June 26, 1997

17

ORDER transferring case to the calendar of Senior Judge James Lawrence King ( signed by Judge Edward B. Davis on 7/15/97) CCAP (Former Deputy Clerk) (Entered: 07/22/1997)

July 15, 1997

July 15, 1997

CASE reassigned to Judge James L. King (Former Deputy Clerk) (Entered: 07/22/1997)

July 15, 1997

July 15, 1997

18

ORDER directing parties to file briefs re consolidating cases ( signed by Judge James L. King on 7/17/97) CCAP (sk, Deputy Clerk) (Entered: 07/25/1997)

July 17, 1997

July 17, 1997

19

RESPONSE by District Director in opposition to [18-1] relief directing parties to file briefs re consolidating cases, [18-2] order (hd, Deputy Clerk) (Entered: 08/04/1997)

July 28, 1997

July 28, 1997

20

ORDER consolidating cases ( signed by Judge James L. King on 8/22/97) CCAP (Former Deputy Clerk) (Entered: 08/28/1997)

Aug. 22, 1997

Aug. 22, 1997

21

ORDER set Status report due on 1/5/98 (signed by Judge James L. King on 11/14/97) CCAP (Former Deputy Clerk) (Entered: 11/19/1997)

Nov. 14, 1997

Nov. 14, 1997

22

STATUS REPORT by District Director and response to Plaintiff's motion for continuance of trial date and request for status conference (Former Deputy Clerk) (Entered: 12/03/1997)

Nov. 25, 1997

Nov. 25, 1997

22

STATUS REPORT and RESPONSE by District Director to Plaintiff's motion for continuance of trial date and request for status conference (not Docketed) (Former Deputy Clerk) (Entered: 12/03/1997)

Nov. 25, 1997

Nov. 25, 1997

23

NOTICE of voluntary dismissal by Rene Lacayo (Former Deputy Clerk) (Entered: 12/08/1997)

Dec. 3, 1997

Dec. 3, 1997

24

ORDER [23-1] notice dismissing the case with prejudice ( signed by Judge James L. King on 12/11/97) CCAP (Former Deputy Clerk) (Entered: 12/18/1997)

Dec. 12, 1997

Dec. 12, 1997

Case closed (Former Deputy Clerk) (Entered: 12/18/1997)

Dec. 12, 1997

Dec. 12, 1997

Case Details

State / Territory: Florida

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 28, 1997

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All individuals within the states of GA, AL and FL who have been/will be denied suspension of deportation as a result of the BIA's decision to apply the transitional rule of §309(c)(5) of the IIRIRA retroactively.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

United States, Federal

United States, Federal

United States, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)

Constitutional Clause(s):

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Order Duration: 1999 - 0

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Deportation - criteria

Deportation - judicial review

Deportation - procedure