Case: Moreno v. University of Maryland

1:75-00691 | U.S. District Court for the District of Maryland

Filed Date: May 27, 1975

Closed Date: Oct. 31, 1979

Clearinghouse coding complete

Case Summary

In 1976, university students whose parents had nonimmigrant alien G-4 visas (visas issued to nonimmigrant aliens who were officers or employees of certain international organizations and to members of their immediate families) brought a class action against the University of Maryland in the United States District Court for the District of Maryland, challenging the university's admission and fees policy denying them in-state tuition status. The University contended that G-4 visa holders could no…

In 1976, university students whose parents had nonimmigrant alien G-4 visas (visas issued to nonimmigrant aliens who were officers or employees of certain international organizations and to members of their immediate families) brought a class action against the University of Maryland in the United States District Court for the District of Maryland, challenging the university's admission and fees policy denying them in-state tuition status. The University contended that G-4 visa holders could not acquire Maryland domicile necessary for "in-state" tuition because the visa holder was incapable of demonstrating the intent to live permanently or indefinitely in Maryland. Plaintiffs contended that the policy violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment.

The District Court (Judge James R. Miller, Jr.) granted partial summary judgment in favor of students finding that the university's "in-state" tuition policy created an "irrebuttable presumption of non-domicile" which violated the Due Process Clause. The Court enjoined the university from enforcing the policy with respect to the named plaintiffs and members of their class. Moreno v. University of Maryland, 420 F.Supp. 541 (D.Md. 1976). The university appealed. The Court of Appeals for the Fourth Circuit affirmed, Moreno v. Elkins, 556 F.2d 573 (4th Cir.1977), and the Supreme Court granted certiorari, Elkins v. Moreno, 434 U.S. 888, 98 S.Ct. 260, 54 L.Ed.2d 173 (1977), and then certified that the Maryland state court answer a question of state law: Could G-4 aliens become domiciliaries of Maryland? Elkins v. Moreno, 435 U.S. 647, 98 S.Ct. 1338, 55 L.Ed.2d 614 (1978). The state court found that G-4 aliens could become domiciliaries of Maryland. Toll v. Moreno, 284 Md. 425, 397 A.2d 1009 (1979).

While the appeal was pending, the Board of Regents of the University of Maryland issued a resolution which purported to clarify its reasons for denying in-state status to nonimmigrant aliens. In light of the University's clarifying resolution, the Supreme Court vacated the Fourth Circuit Court of Appeals judgment and remanded the case to the District Court for further proceedings. Toll v. Moreno, 441 U.S. 458, 99 S.Ct. 2044, 60 L.Ed.2d 354 (1979).

On remand, the District Court (Judge Miller) found that the state university's policy and clarification of that policy violated the Equal Protection Clause and the Supremacy Clause. Moreno v. Toll, 480 F.Supp. 1116 (D.Md.1979). The Court of Appeals affirmed, Moreno v. University of Maryland, 645 F.2d 217 (4th Cir. 1981), and the Supreme Court again granted certiorari. Toll v. Moreno, 454 U.S. 815, 102 S.Ct. 91, 70 L.Ed.2d 83 (1981). The Supreme Court affirmed, holding that the policy violated the Supremacy Clause and that the Eleventh Amendment did not preclude the District Court from ordering the university to issue refunds to class members who had been denied in-state tuition while the case was on appeal. Toll v. Moreno, 458 U.S. 1, 102 S.Ct. 2977, 73 L.Ed.2d 563 (1982).

We have no further information on the case.

Summary Authors

Dan Dalton (1/3/2008)

People


Judge(s)

Brennan, William Joseph Jr. (District of Columbia)

Cole, Harry A. (Maryland)

Digges, Dudley (Maryland)

Eldridge, John C. (Maryland)

Ervin, Samuel James III (North Carolina)

Levine, Irving (Maryland)

Miller, James Rogers Jr. (Maryland)

Murphy, Robert C. (Maryland)

Orth, Charles E. (Maryland)

Russell, Robert Lee (Georgia)

Judge(s)

Brennan, William Joseph Jr. (District of Columbia)

Cole, Harry A. (Maryland)

Digges, Dudley (Maryland)

Eldridge, John C. (Maryland)

Ervin, Samuel James III (North Carolina)

Levine, Irving (Maryland)

Miller, James Rogers Jr. (Maryland)

Murphy, Robert C. (Maryland)

Orth, Charles E. (Maryland)

Russell, Robert Lee (Georgia)

Smith, Marvin H. (Maryland)

Winter, Harrison Lee (Maryland)

Attorneys(s) for Plaintiff

Bernstein, Raymond M. (District of Columbia)

Bieke, James R. (District of Columbia)

Rich, John Townsend (District of Columbia)

Scanlan, Alfred L. (Maryland)

Woosley, R. James (Maryland)

Attorneys(s) for Defendant

Burch, Francis B. (Maryland)

Feldman, David H. (Maryland)

Roach, Jack T. (Maryland)

Sachs, Stephen H. (Maryland)

Zarnoch, Robert A. (Maryland)

Documents in the Clearinghouse

Document

1:75-00691

Opinion and Order

420 F.Supp. 541

July 13, 1976

July 13, 1976

Order/Opinion

76-02049

Brief of Appellant

Elkins v. Moreno

Nov. 18, 1976

Nov. 18, 1976

Pleading / Motion / Brief

76-02049

Reply Brief of Appellant

Elkins v. Moreno

Feb. 2, 1977

Feb. 2, 1977

Pleading / Motion / Brief

76-02049

Order

Moreno v. Elkins

U. S. Court of Appeals for the Fourth Circuit

556 F.2d 573

April 28, 1977

April 28, 1977

Order/Opinion

77-00154

Order Granting Writ of Certiorari

Elkins v. Moreno

Supreme Court of the United States

434 U.S. 888

Oct. 11, 1977

Oct. 11, 1977

Order/Opinion

77-00154

Supreme Court Opinion

Elkins v. Moreno

Supreme Court of the United States

435 U.S. 647

April 19, 1978

April 19, 1978

Order/Opinion

1:75-00691

Appellate Opinion

Toll v. Moreno

Maryland state appellate court

397 A.2d 1009

Feb. 21, 1979

Feb. 21, 1979

Order/Opinion

77-00154

Per Curiam

Toll v. Moreno

Supreme Court of the United States

441 U.S. 458

April 30, 1979

April 30, 1979

Order/Opinion

1:75-00691

Memorandum

Moreno v. Toll

480 F.Supp. 1116

Oct. 31, 1979

Oct. 31, 1979

Order/Opinion

1:75-00691

Memorandum and Order

Moreno v. Toll

489 F.Supp. 658

April 17, 1980

April 17, 1980

Order/Opinion

Resources

Docket

Last updated Aug. 12, 2022, 3:09 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Maryland

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: May 27, 1975

Closing Date: Oct. 31, 1979

Case Ongoing: No

Plaintiffs

Plaintiff Description:

University of Maryland students who were denied "in-state" tuition because their parents held nonimmigrant alien G-4 visas.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

University of Maryland, State

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1979 - None

Issues

General:

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Immigration/Border:

Constitutional rights