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The IIRIRA repealed the suspension-of-deportation provision of INA § 244 and replaced it a "cancellation of removal" provision.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

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/39885435/parties/tefel-v-us-attorney-general/


Judge(s)

Brown, Stephen Thomas (Florida)

Attorney for Plaintiff

Boyer, Robert L. (Florida)

Carranza, Kari Woodward (Florida)

Attorney for Defendant

Amanat, F. Franklin (New York)

Bernal, David V. (District of Columbia)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

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 []

May 20, 1997

May 20, 1997

Order/Opinion

972 F.Supp. 608

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

June 24, 1997

June 24, 1997

Order/Opinion

972 F.Supp. 623

218

1:97-cv-00805

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

Feb. 10, 1998

Feb. 10, 1998

Order/Opinion

996 F.Supp. 1

98-04616

Opinion [Vacating Preliminary Injunction; Remanding Case]

U.S. Court of Appeals for the Eleventh Circuit

July 14, 1999

July 14, 1999

Order/Opinion

180 F.3d 1286

98-04616

[Rehearing Denied]

U.S. Court of Appeals for the Eleventh Circuit

Oct. 6, 1999

Oct. 6, 1999

Order/Opinion

198 F.3d 265

Docket

See docket on RECAP: https://www.courtlistener.com/docket/39885435/tefel-v-us-attorney-general/

Last updated Nov. 10, 2026, 9:44 p.m.

Docket for: Tefel v. US Attorney General
ECF Number Date Description Link
Jan. 24, 1997

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

PACER
1 March 28, 1997

COMPLAINT filed; FILING FEE $150.00 RECEIPT # 674711; A-7; STB (Former Deputy Clerk) (Entered: 04/02/1997)

RECAP
2 March 28, 1997

SUMMONS(ES) issued for Janet Reno (Former Deputy Clerk) (Entered: 04/02/1997)

RECAP
3 March 28, 1997

SUMMONS(ES) issued for Robert Wallis (Former Deputy Clerk) (Entered: 04/02/1997)

RECAP
4 March 28, 1997

SUMMONS(ES) issued for Immigration c/o Doris Meissner, INS Commissioner (Former Deputy Clerk) (Entered: 04/02/1997)

RECAP
5 March 28, 1997

SUMMONS(ES) issued for Board of Immigration Appeals, Paul Schmidt, Chair (Former Deputy Clerk) (Entered: 04/02/1997)

RECAP
6 March 28, 1997

SUMMONS(ES) issued Department of Justice c/o Janet Reno (Former Deputy Clerk) (Entered: 04/02/1997)

RECAP
7 March 28, 1997

SUMMONS(ES) issued William Keefer, U.S. Attorney General for Southern District of FL (Former Deputy Clerk) (Entered: 04/02/1997)

RECAP
March 28, 1997

Magistrate identification: Magistrate Judge Stephen T. Brown (Former Deputy Clerk)

8 March 31, 1997

MOTION by All Plaintiffs to transfer case (lk, Deputy Clerk) (Entered: 04/07/1997)

RECAP
9 April 8, 1997

ORDER granting [8-1] motion to transfer case ( signed by Judge K. M. Moore on 4/7/97 and Judge King 4/8/97) CCAP (lk, Deputy Clerk) (Entered: 04/14/1997)

RECAP
10 April 8, 1997

RETURN OF SERVICE executed for Robert Wallis on 4/1/97 Answer due on 4/21/97 for Robert Wallis (lk, Deputy Clerk) (Entered: 04/14/1997)

RECAP
11 April 8, 1997

RETURN OF SERVICE executed for Janet Reno on 4/1/97 Answer due on 4/21/97 for Janet Reno (lk, Deputy Clerk) (Entered: 04/14/1997)

RECAP
April 8, 1997

CASE reassigned to Judge James L. King (lk, Deputy Clerk)

12 April 17, 1997

MOTION with memorandum in support by All Plaintiffs for provisional class certification (hd, Deputy Clerk) (Entered: 04/18/1997)

RECAP
13 April 17, 1997

MOTION by All Plaintiffs for temporary restraining order (hd, Deputy Clerk) (Entered: 04/18/1997)

RECAP
14 April 17, 1997

MEMORANDUM by All Plaintiffs in support of [13-1] motion for temporary restraining order (hd, Deputy Clerk) (Entered: 04/18/1997)

RECAP
15 April 17, 1997

APPENDIX to: [14-1] support memorandum by All Plaintiffs (hd, Deputy Clerk) (Entered: 04/18/1997)

RECAP
16 April 17, 1997

MOTION by All Plaintiffs for emergency Hearing (hd, Deputy Clerk) (Entered: 04/18/1997)

RECAP
17 April 21, 1997

MOTION by Janet Reno, Robert Wallis, Immigration, Board of Immigration for leave to file in excess of 20 pages memorandum of law in opposition to request for emergency hearing and motion for temporary restraining order, and memorandum of law in support of motion to dismiss (hd, Deputy Clerk) (Entered: 04/23/1997)

RECAP
18 April 21, 1997

MOTION with memorandum in support by Janet Reno, Robert Wallis, Immigration, Board of Immigration to dismiss the complaint (hd, Deputy Clerk) (Entered: 04/23/1997)

RECAP
19 April 23, 1997

ORDER granting [16-1] motion for emergency Hearing Motion hearing before Judge James L. King set for 9:30 5/13/97 for [13-1] motion for temporary restraining order ( signed by Judge James L. King on 4/23/97) CCAP (lk, Deputy Clerk) (Entered: 04/28/1997)

RECAP
20 April 23, 1997

ORDER granting [17-1] motion for leave to file in excess of 20 pages memorandum of law in opposition to request for emergency hearing and motion for temporary restraining order, and memorandum of law in support of motion to dismiss ( signed by Judge James L. King on 4/23/97) CCAP (lk, Deputy Clerk) (Entered: 04/28/1997)

RECAP
21 April 24, 1997

EMERGENCY MOTION with memorandum in support for joinder as plaintiff, and to stay deportation (lk, Deputy Clerk) (Entered: 04/28/1997)

RECAP
38 April 24, 1997

MOTION with memorandum in support by All Plaintiffs to shorten time to answer and to provide documents pursuant to Rule 34 (hd, Deputy Clerk) (Entered: 05/12/1997)

RECAP
22 April 25, 1997

MOTION by Janet Reno, Robert Wallis, Immigration, Board of Immigration for Hearing on Motion to Dismiss, in conjunction with hearing on Temporary Restraining order on 5/13/97 (Former Deputy Clerk) (Entered: 04/29/1997)

RECAP
23 April 25, 1997

MOTION with memorandum in support by Janet Reno, Robert Wallis, Immigration, Board of Immigration to stay all discovery pending ruling on defedants' Motion to Dismiss for lack of jurisdiction (Former Deputy Clerk) (Entered: 04/29/1997)

RECAP
24 April 25, 1997

Minutes of motion hearing held before Judge James L. King on 4/25/97; granting [21-1] motion for joinder as plaintiff, granting [21-2] motion to stay deportation, pending further resolution of matter, set brief by COB due for 5/12/97, hearing set for 9:30 5/13/97, granting application for release of petitioner Court Reporter Name: Larry Herr (hd, Deputy Clerk) Modified on 05/02/1997 (Entered: 05/02/1997)

RECAP
25 April 25, 1997

ORDER granting [21-2] motion to stay deportation and releasing German Reyes forthwith from custody ( signed by Judge James L. King on 4/25/97) CCAP (hd, Deputy Clerk) (Entered: 05/02/1997)

RECAP
April 25, 1997

Motion hearing re: [21-1] motion for joinder as plaintiff, [21-2] motion to stay deportation (hd, Deputy Clerk)

26 April 28, 1997

ORDER granting [21-1] motion for joinder as plaintiff, granting [21-2] motion to stay deportation and release from custody remain in effect as per 4/25/97 order, Motion hearing set for 5/13/97 before Judge James L. King for [13-1] motion for temporary restraining order, and continuing this matter, to post a surety bond of $25,000.00 by 5:00 4/28/97, and for leave to file amended papers in connection with relief sought in emergency moiton, due 5/12/97 ( signed by Judge James L. King on 4/28/97) CCAP (hd, Deputy Clerk) (Entered: 05/02/1997)

RECAP
27 April 28, 1997

REPLY by All Plaintiffs to response to [23-1] motion to stay all discovery pending ruling on defendants' Motion to Dismiss for lack of jurisdiction and to shorten time to answer and provide documents pursuant to Rule 34 (hd, Deputy Clerk) (Entered: 05/02/1997)

RECAP
28 April 28, 1997

NOTICE of correction as to due date for response to motion for provisional class certification by Janet Reno, Robert Wallis, Immigration, Board of Immigration (hd, Deputy Clerk) (Entered: 05/02/1997)

RECAP
29 April 29, 1997

ORDER granting [22-1] motion for Hearing on Motion to Dismiss, in conjunction with hearing on Temporary Restraining order on 5/13/97 ( signed by Judge James L. King on 4/28/97) CCAP (hd, Deputy Clerk) (Entered: 05/05/1997)

RECAP
30 April 30, 1997

REPLY by Janet Reno, Robert Wallis, Immigration, Board of Immigration to response to [23-1] motion to stay all discovery pending ruling on defendants' Motion to Dismiss for lack of jurisdiction (hd, Deputy Clerk) (Entered: 05/05/1997)

RECAP
31 May 1, 1997

RESPONSE by Janet Reno, Robert Wallis, Immigration, Board of Immigration in opposition to [12-1] motion for provisional class certification (hd, Deputy Clerk) (Entered: 05/06/1997)

RECAP
36 May 5, 1997

APPEARANCE BOND entered by German Antonio Reyes in Amount $ 25,000.00 Receipt # AS25 800208 Approved by Judge James L. King (hd, Deputy Clerk) (Entered: 05/09/1997)

RECAP
32 May 6, 1997

MOTION by All Plaintiffs for leave to file brief in excess of page limits (hd, Deputy Clerk) (Entered: 05/08/1997)

RECAP
33 May 6, 1997

MOTION by Janet Reno, Robert Wallis, Immigration, Board of Immigration for protective order prohibiting the deposition of Robert Wallis (hd, Deputy Clerk) (Entered: 05/08/1997)

RECAP
34 May 6, 1997

Statement of counsel regarding issues raised in motion for protective order regarding Robert Wallis' deposition: by Janet Reno, Robert Wallis, Immigration, Board of Immigration (hd, Deputy Clerk) (Entered: 05/08/1997)

RECAP
35 May 6, 1997

REPLY by All Plaintiffs to response to [13-1] motion for temporary restraining order (hd, Deputy Clerk) (Entered: 05/08/1997)

RECAP
37 May 7, 1997

NOTICE of attorney appearance for German Antonio Reyes by Oscar Levin and Elliot H. Scherker (hd, Deputy Clerk) (Entered: 05/09/1997)

RECAP
39 May 9, 1997

RESPONSE by All Plaintiffs in opposition to [31-1] opposition response (hd, Deputy Clerk) (Entered: 05/15/1997)

RECAP
40 May 9, 1997

MOTION with memorandum in support by German Antonio Reyes to amend habeas corpus allegations in [21-1] motion for joinder as plaintiff (hd, Deputy Clerk) (Entered: 05/15/1997)

RECAP
41 May 9, 1997

Emergency MOTION by Janet Reno, Robert Wallis, Immigration, Board of Immigration to stay deposition scheduled for 5/12/97 (hd, Deputy Clerk) (Entered: 05/15/1997)

RECAP
42 May 12, 1997

MOTION by Janet Reno, Robert Wallis, Immigration, Board of Immigration to dismiss misjoined party (German Antonio Reyes) (hd, Deputy Clerk) (Entered: 05/16/1997)

RECAP
43 May 12, 1997

REPLY by Janet Reno, Robert Wallis, Immigration, Board of Immigration to response to [18-1] motion to dismiss the complaint (hd, Deputy Clerk) (Entered: 05/16/1997)

RECAP
44 May 12, 1997

MOTION by Janet Reno, Robert Wallis, Immigration, Board of Immigration for leave to file reply to response to motion to dismiss in excess of 10 pages (hd, Deputy Clerk) (Entered: 05/16/1997)

RECAP
45 May 12, 1997

NOTICE of filing omitted Exhibit 1 to defendants' memorandum in reply to plaintiffs' opposition to defendants' motion to dismiss for lack of jurisdiction by Janet Reno, Robert Wallis, Immigration, Board of Immigration (hd, Deputy Clerk) (Entered: 05/16/1997)

RECAP
46 May 13, 1997

ORDER granting [32-1] motion for leave to file brief in excess of page limits ( signed by Judge James L. King on 5/12/97) CCAP (hd, Deputy Clerk) (Entered: 05/19/1997)

RECAP
47 May 14, 1997

MOTION with memorandum in support by Janet Reno, Robert Wallis, Immigration, Board of Immigration to strike testimony of representative Peter Deutsch as irrelevant to issue of legislative intent (hd, Deputy Clerk) (Entered: 05/19/1997)

RECAP
48 May 15, 1997

NOTICE of filing receipt number 223671 for bond payment per oral order of court by Kurzban Kurzban Weinger and Tetzeli by Roberto Tefel, et al. (hd, Deputy Clerk) (Entered: 05/21/1997)

RECAP
51 May 15, 1997

NOTICE to produce documents by All Plaintiffs (hd, Deputy Clerk) (Entered: 05/23/1997)

RECAP
49 May 16, 1997

MOTION by Janet Reno, Robert Wallis, Immigration, Board of Immigration that hearing on motion for preliminary injunction be set for 5/27/97 (hd, Deputy Clerk) (Entered: 05/23/1997)

RECAP
50 May 16, 1997

MOTION by Janet Reno, Robert Wallis, Immigration, Board of Immigration to set Bond for $50,000.00 as security for issuance of temporary restraining order (hd, Deputy Clerk) (Entered: 05/23/1997)

RECAP
52 May 19, 1997

MEMORANDUM by All Plaintiffs in support of scheduling of preliminary injunction hearing (hd, Deputy Clerk) (Entered: 05/27/1997)

RECAP
53 May 19, 1997

Objections/RESPONSE by Janet Reno, Robert Wallis, Immigration, Board of Immigration in opposition to draft order on pending motions, provided by plaintiff's counsel on 5/19/97 (hd, Deputy Clerk) (Entered: 05/27/1997)

RECAP
54 May 19, 1997

MEMORANDUM by Janet Reno, Robert Wallis, Immigration, Board of Immigration in opposition to re: applicability of time limitations in Rule 65(b) (hd, Deputy Clerk) (Entered: 05/27/1997)

RECAP
55 May 20, 1997

ORDER granting in part, denying in part [50-1] motion to set Bond for $50,000.00 as security for issuance of temporary restraining order, granting [49-1] motion that hearing on motion for preliminary injunction be set for 5/27/97, denying [18-1] motion to dismiss the complaint, granting [13-1] motion for temporary restraining order, granting [12-1] motion for provisional class certification and appointing lead counsel set evidentiary hearing for 8:30 5/27/97 before Judge James King, to set Bond at $100.00 ( signed by Judge James L. King on 5/20/97) CCAP (hd, Deputy Clerk) (Entered: 05/29/1997)

RECAP
56 May 20, 1997

RESPONSE by All Plaintiffs in opposition to [53-1] opposition response (hd, Deputy Clerk) (Entered: 05/29/1997)

RECAP
57 May 20, 1997

Witness and exhibit list by All Plaintiffs (hd, Deputy Clerk) (Entered: 05/29/1997)

RECAP
58 May 21, 1997

MOTION by Janet Reno, Robert Wallis, Immigration, Board of Immigration to stay production of documents ordered for 5/23/97 and depositions ordered for 5/24/97, pending appellate review (hd, Deputy Clerk) (Entered: 05/30/1997)

RECAP
59 May 21, 1997

ORDER ON PENDING MOTIONS: granting [49-1] motion that hearing on motion for preliminary injunction be set for 8:30 5/27/97, denying [47-1] motion to strike testimony of representative Peter Deutsch as irrelevant to issue of legislative intent, granting [44-1] motion for leave to file reply to response to motion to dismiss in excess of 10 pages, denying as moot [33-1] motion for protective order prohibiting the deposition of Robert Wallis, granting [32-1] motion for leave to file brief in excess of page limits, granting [38-1] motion to shorten time to answer and to provide documents pursuant to Rule granting [17-1] motion for leave to file in excess of 20 pages memorandum of law in opposition to request for emergency hearing and motion for temporary restraining order, and memorandum of law in support of motion to set discovery due for 5:00 5/23/97 ( signed by Judge James L. King on 5/21/97) CCAP (hd, Deputy Clerk) Modified on 05/30/1997 (Entered: 05/30/1997)

RECAP
60 May 22, 1997

ORDER denying [58-1] motion to stay production of documents ordered for 5/23/97 and depositions ordered for 5/24/97, pending appellate review, defendants cause to be forthwith filed with Clerk, USCA, 11th Circuit ( signed by Judge James L. King on 5/22/97) CCAP (hd, Deputy Clerk) (Entered: 05/30/1997)

RECAP
62 May 23, 1997

ORDER amending order of May 20, 1997 ; amending nunc pro tunc to read, "this order is in effect for ten days until 5.29.97." ( signed by Judge James L. King on 5.23.97) CCAP (lk, Deputy Clerk) (Entered: 06/03/1997)

RECAP
63 May 23, 1997

MEMORANDUM by All Defendants in support on application of rule 65 (b) (lk, Deputy Clerk) (Entered: 06/03/1997)

RECAP
64 May 27, 1997

ORDER reset preliminary injunction evidentiary hearing for 6/12/97 before Magistrate Stephen T. Brown, for temporary restraining order extended through 6/12/97 ( signed by Judge James L. King on 5/27/97) CCAP (hd, Deputy Clerk) (Entered: 06/04/1997)

RECAP
65 May 27, 1997

RESPONSE by German Antonio Reyes in opposition to [42-1] motion to dismiss misjoined party (German Antonio Reyes) (hd, Deputy Clerk) (Entered: 06/05/1997)

RECAP
May 27, 1997

Evidentiary hearing held re: preliminary injunction (hd, Deputy Clerk)

66 May 28, 1997

Minutes of status conference re: privilege log hearing, evidentiary hearing, and discovery matters held before Magistrate Stephen T. Brown on 5/28/97; Court Reporter Name: Randy Belsvik (hd, Deputy Clerk) (Entered: 06/05/1997)

RECAP
67 May 28, 1997

EXHIBIT 10-A: in support of preliminary injunction by All Plaintiffs (hd, Deputy Clerk) (Entered: 06/05/1997)

RECAP
68 May 28, 1997

Transcript of hearing on temporary restraining order and motion to dismiss filed as plaintiff's Exhibit 10-A in support of preliminary injunction Date: 5/13/97 Before Judge: James Lawrence King Volume No.: 1 Number of pages: 316 (hd, Deputy Clerk) (Entered: 06/05/1997)

RECAP
May 28, 1997

Status conference held (hd, Deputy Clerk)

73 May 29, 1997

MOTION by Janet Reno, Robert Wallis, Immigration, Board of Immigration to extend time to file answer to complaint (hd, Deputy Clerk) (Entered: 06/06/1997)

RECAP
74 May 29, 1997

OBJECTIONS/RESPONSE by All Defendants in opposition to plaintiffs' proposed discovery order submitted on 5/29/97 (hd, Deputy Clerk) (Entered: 06/06/1997)

RECAP
75 May 29, 1997

Minutes of status conference held before Magistrate Stephen T. Brown on 5/29/97; defendant's amended privilege log due by 4:00 5/30/97 reconvene status conference at 4:00 5/30/97 before Magistrate Stephen T. Brown, order on pending discovery to be revise Court Reporter Name: not provided (hd, Deputy Clerk) (Entered: 06/06/1997)

RECAP
May 29, 1997

Status conference held (hd, Deputy Clerk)

69 May 30, 1997

ORDER on pending discovery motions: all parties to meet prior to 9:30 5/29/97 to discuss feasibility of compiling statistical information, set discovery decision due by 5:00 5/30/97 either to produce documentation, or alternatively, provide statistical information ( signed by Magistrate Stephen T. Brown on 5/30/97) CCAP (hd, Deputy Clerk) (Entered: 06/06/1997)

RECAP
70 May 30, 1997

NOTICE to produce documentation within 7 days of the date of this notice by All Plaintiffs (hd, Deputy Clerk) (Entered: 06/06/1997)

RECAP
71 May 30, 1997

Transcript filed re: hearing on temporary restraining order and motion to dismiss Date: 5/13/97 Before Judge: James Lawrence King Volume No.: 1 Number of pages: 209 (hd, Deputy Clerk) Modified on 06/06/1997 (Entered: 06/06/1997)

RECAP
72 May 30, 1997

Transcript filed re: continued hearing on temporary restraining order and motion to dismiss Date: 5/14/97 Before Judge: James Lawrence King Volume No.: 1 Number of pages: 106 (hd, Deputy Clerk) (Entered: 06/06/1997)

RECAP
76 May 30, 1997

MOTION by Janet Reno, Robert Wallis, Immigration, Board of Immigration for partial relief from order on pending discovery motions (hd, Deputy Clerk) (Entered: 06/09/1997)

RECAP
May 30, 1997

Status conference held re: privilege log/pending discovery motions (hd, Deputy Clerk) Modified on 06/13/1997

61 June 2, 1997

EXHIBITS : by All Plaintiffs (hd, Deputy Clerk) (Entered: 06/02/1997)

RECAP
77 June 2, 1997

ORDER granting [73-1] motion to extend time to file answer to complaint reset answer due for 6/19/97 for All Defendants, for Board of Immigration, for Immigration, for Robert Wallis, for Janet Reno ( signed by Magistrate Stephen T. Brown on 6/2/97) CCAP (hd, Deputy Clerk) (Entered: 06/10/1997)

RECAP
78 June 2, 1997

ORDER staying portion of Judge James Lawrence King's 5/21/97 order regarding 4 current or former INS officials ( signed by Magistrate Stephen T. Brown on 6/2/97) CCAP (hd, Deputy Clerk) (Entered: 06/10/1997)

RECAP
79 June 2, 1997

ORDER granting, as amended, [76-1] motion for partial relief from order on pending discovery motions reset discovery due for 5:00 6/3/97 ( signed by Magistrate Stephen T. Brown on 6/2/97) CCAP (hd, Deputy Clerk) (Entered: 06/10/1997)

RECAP
80 June 2, 1997

ORDER compelling disclosure of certain documents, finding privilege applies to certain other documents ( signed by Magistrate Stephen T. Brown on 6/3/97) CCAP (hd, Deputy Clerk) (Entered: 06/10/1997)

RECAP
81 June 2, 1997

ORDER overruling [74-1] opposition response to proposed discovery order ( signed by Magistrate Stephen T. Brown on 6/2/97) CCAP (hd, Deputy Clerk) (Entered: 06/10/1997)

RECAP
82 June 2, 1997

MEMORANDUM by All Plaintiffs in opposition to amended privilege log (hd, Deputy Clerk) (Entered: 06/10/1997)

RECAP
83 June 2, 1997

RENEWED MOTION by All Plaintiffs for contempt (hd, Deputy Clerk) (Entered: 06/10/1997)

RECAP
84 June 2, 1997

NOTICE of filing declaration (copy attached) of INS Commissioner Doris Meissner and in camera filing of certain discovery material ordered by court on 5/30/97 by All Defendants (hd, Deputy Clerk) (Entered: 06/10/1997)

RECAP
85 June 3, 1997

EMERGENCY MOTION by All Defendants for stay of magistrate judge's order compelling release of documents pending appeal (hd, Deputy Clerk) Modified on 06/12/1997 (Entered: 06/10/1997)

RECAP
86 June 3, 1997

OBJECTIONS/RESPONSE by All Defendants in opposition to [80-1] relief compelling disclosure of certain documents, [80-2] relief finding privilege applies to certain other documents, [80-3] order (hd, Deputy Clerk) (Entered: 06/10/1997)

RECAP
June 3, 1997

Status conference/oral argument held on preliminary injunction (hd, Deputy Clerk) Modified on 06/11/1997

87 June 4, 1997

Minutes of status conference/oral argument held before Magistrate Stephen T. Brown on 6/3/97; reset status conference/oral argument on preliminary injunction for 10:00 6/4/97 before Magistrate Stephen T. Brown Court Name: Randy Belsvik (hd, Deputy Clerk) Modified on 06/11/1997 (Entered: 06/11/1997)

RECAP
88 June 4, 1997

Minutes of status conference/oral argument held before Magistrate Stephen T. Brown on 6/4/97; reset status conference/oral argument on preliminary injunction for 6/10/97 before Magistrate Stephen T. Brown Court Reporter Name: Randy Belsvik (hd, Deputy Clerk) (Entered: 06/11/1997)

RECAP
89 June 4, 1997

MOTION by All Defendants for protective order with respect to requests 2 and 4 of the notice to produce of 5/30/97 (hd, Deputy Clerk) (Entered: 06/11/1997)

RECAP
90 June 4, 1997

NOTICE of filing omitted exhibit to defendants' opposition to shortening time period to respond to third notice to produce and motion for protective order by All Defendants (hd, Deputy Clerk) (Entered: 06/11/1997)

RECAP
91 June 4, 1997

NOTICE regarding filing of similar matter by All Defendants (hd, Deputy Clerk) (Entered: 06/11/1997)

RECAP

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

Federal

United States

United States

United States

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Constitutional Clause(s):

Due Process

Equal Protection

Other Dockets:

Southern District of Florida 1:97-cv-00805

U.S. Court of Appeals for the Eleventh Circuit 98-04616

Supreme Court of the United States 99-1314

Southern District of Florida 1:97-cv-00210

U.S. Court of Appeals for the Eleventh Circuit 97-05426

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Recommended Citation