Case: Proyecto San Pablo v. Immigration and Naturalization Service

4:89-cv-00456 | U.S. District Court for the District of Arizona

Filed Date: Aug. 17, 1989

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On August 17, 1989, Proyecto San Pablo, an advocacy organization, and a group of aliens filed a class action lawsuit in the U.S. District Court for the District of Arizona, alleging that the INS interpreted and implemented provisions of the Immigration Reform and Control Act of 1986 ("IRCA"), 8 U.S.C. § 1255a, in an unlawful manner by denying their applications for legalization on the basis of alleged prior deportations. At issue in the case, was one of two provisions of the IRCA under which un…

On August 17, 1989, Proyecto San Pablo, an advocacy organization, and a group of aliens filed a class action lawsuit in the U.S. District Court for the District of Arizona, alleging that the INS interpreted and implemented provisions of the Immigration Reform and Control Act of 1986 ("IRCA"), 8 U.S.C. § 1255a, in an unlawful manner by denying their applications for legalization on the basis of alleged prior deportations.

At issue in the case, was one of two provisions of the IRCA under which undocumented aliens could obtain legal resident status. 8 U.S.C. §1255a established a one-time only legalization program through which aliens can apply for lawful temporary resident status and then, after a one-year waiting period, apply for permanent residency. To qualify for the program, the alien must have meet certain criteria, which included that the alien must establish that he entered the United States before January 1, 1982, and that he has resided continuously in the United States in an unlawful status since such date and through the date the application is filed under this subsection. 8 U.S.C. § 1255a(a)(2)(A). Plaintiffs challenged the INS's interpretation of a provision that further defined this condition: "The Attorney General shall provide that-(i) an alien shall not be considered to have resided continuously in the United States, if, during any period for which continuous residence is required, the alien was outside the United States as a result of a departure under an order of deportation[.]" 8 U.S.C. § 1255a(g)(2)(B)(i).

Plaintiffs sought declaratory and injunctive relief, as well as class certification. Defendants answered the charges by moving to dismiss the case for lack of jurisdiction and failure to state a claim.

In July 1990, the District Court (Judge William D. Browning) denied defendants request to dismiss and certified the case as a class action. The class was defined as consisting of "aliens who, at an INS legalization office located within the INS Western and Northern Regions of the United States, made application for change of status under the IRCA; to whose application 8 C.F.R. § 245a.1 was applied; and whose application was denied."

Following class certification, the parties filed cross-motions for summary judgment. On December 19, 1991, the Court (Judge Browning) entered partial summary judgment in favor of plaintiff and ordered the INS to change the way it interpreted the ICRA. Proyecto San Pablo v. Immigration and Naturalization Service, 784 F.Supp. 738, 1 (D. AZ 1989). The Ninth Circuit reversed on jurisdictional grounds. and remanded the case so that the trial court could clarify its order. Proyecto San Pablo v. Immigration and Naturalization Service, 70 F.3d 1279, 4 (9th Cir. 1995).

On remand, plaintiff amended the complaint and defendants again moved to dismiss for lack of jurisdiction and failure to state a claim. The District Court (Judge Browning) granted the defendants' motion to dismiss, finding a lack of subject matter jurisdiction. Proyecto San Pablo v. INS, 4 F.Supp.2d 881 (D.Ariz.1997) Plaintiffs appealed.

The District Court (Judge William B. Browning) held that: (1) legalization applicants are given sufficient opportunity to submit evidence into file; (2) INS's timely publication in Federal Register of notice of process necessary for applicants to gain access to their records satisfied procedural due process notice requirements; (3) absence of copies of waiver applications in applicants' files did not render record inadequate for appeal; (4) court lacked subject matter jurisdiction over claim that denial of one new plaintiff's application for legalization was pretextual; and (5) aliens did not establish existence of subject matter jurisdiction over claim that INS failed to follow proper and lawful procedures in terminating temporary lawful resident status of two plaintiffs. Proyecto San Pablo v. Immigration and Naturalization Service, 4 F.Supp.2d 881, 1 (D. AZ 1997).

On appeal, the Ninth Circuit (Judge B. Fletcher) held that the District Judge applied the wrong analysis when it held that it had no jurisdiction over the case. The Appeals Court determined that jurisdiction had existed for some of plaintiffs' claims and remanded the case back to the trial court for further litigation on those claims. Proyecto San Pablo v. Immigration and Naturalization Service, 189 F.3d 1130, 1 (9th Cir. 1999).

Following the second remand, a trial was held in January 2001. District Judge Browning found in favor of plaintiffs, holding: (1) that INS violated the class members' rights to procedural due process when it failed to provide access to their prior deportation files before making a decision on their legalization application and (2) the INS improperly refused to accept plaintiffs' waiver applications, which precluded those waiver applications from being included in the administrative record and available to a court on subsequent review of a final order of deportation. As a remedial measure, the Court ordered that class members may file motions to reopen their legalization applications, and that the INS was to provide them records of their prior deportation proceedings.

On January 30, 2004, the District Court entered an amended judgment and awarded attorneys' fees to plaintiff in the amount of $735,481.15. Defendants appealed, but the appeal was later dismissed. Further litigation continued over defendants' compliance with the Court's order.

On June 6, 2007, the District Court (Judge Raner C. Collins) ordered defendants to comply with its original order in this matter as it pertains to the adjudication of the class members prior deportations files and waiver applications. Defendants appealed [07-16215].

On December 5, 2008, the Ninth Circuit Court of Appeals (Judges William C. Canby, Kim McClane Wardlaw, and Richard Mills) affirmed the district court's order. See Proyecto San Pablo v. Dep't of Homeland Sec., 316 Fed. Appx. 565, 566 (9th Cir. 2008). The court found that the district court's requirement that USCIS adjudicate waiver applications on the merits, merely clarifies and enforces its 2001 Judgment and Order. Therefore, it does not constitute review of the decisions USCIS reaches on the merits, and the district court had jurisdiction to issue such an order.

Proyecto San Pablo filed a motion for the award of attorneys' fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d). The court granted Proyecto San Pablo's motion for attorneys' fees and referred to the Appellate Commissioner [Peter L. Shaw] the determination of the award amount.

On June 28, 2010, the Appellate Commissioner awarded plaintiffs $31,161.158 in attorneys' fees and expenses.

Summary Authors

Brian Ponton (8/30/2007)

Jennifer Bronson (11/27/2013)

People


Judge(s)

Browning, William Docker (Arizona)

Canby, William Cameron Jr. (Arizona)

Collins, Raner Christercunean (Arizona)

Fletcher, Betty Binns (Washington)

Hug, Procter Ralph Jr. (Nevada)

Mills, Richard Henry (Illinois)

Poole, Cecil F. (California)

Wardlaw, Kim McLane (California)

Attorneys(s) for Plaintiff

Gibbs, Robert H. (Washington)

Goldman, Gloria A. (Arizona)

Judge(s)

Browning, William Docker (Arizona)

Canby, William Cameron Jr. (Arizona)

Collins, Raner Christercunean (Arizona)

Fletcher, Betty Binns (Washington)

Hug, Procter Ralph Jr. (Nevada)

Mills, Richard Henry (Illinois)

Poole, Cecil F. (California)

Wardlaw, Kim McLane (California)

Attorneys(s) for Plaintiff

Gibbs, Robert H. (Washington)

Goldman, Gloria A. (Arizona)

Pauw, Robert (Washington)

Ward, Anne F. (Arizona)

Wettstein, Nadine K. (Arizona)

Attorneys(s) for Defendant

Bernal, David V. (District of Columbia)

Charlton, Paul (Arizona)

Keisler, Peter D. (District of Columbia)

Kline, David J. (District of Columbia)

McNamee, Stephen M. (Arizona)

Norwood, Anthony W. (District of Columbia)

Overall, Don B. (Arizona)

Robins, Jeffrey S (District of Columbia)

Scadron, Terri J. (District of Columbia)

Shapiro, Ellen Sue (District of Columbia)

Wright, M. Jocelyn (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Proyecto San Pablo v. INS

Feb. 3, 2012 Docket

Appellate Docket (PACER)

Proyecto San Pablo v. Immigration and Naturalization Services

U. S. Court of Appeals for the Ninth Circuit

Feb. 3, 2012 Docket
187

Order [Granting Plaintiff's Motion for Partial Summary Judgment]

Proyecto San Pablo v. INS

784 F.Supp. 738

Dec. 19, 1991 Order/Opinion

[9th Cir. Reversal]

Proyecto San Pablo v. INS

U. S. Court of Appeals for the Ninth Circuit

61 F.3d 912

July 13, 1995 Order/Opinion

Memorandum Opinion

Proyecto San Pablo v. INS

U. S. Court of Appeals for the Ninth Circuit

1995 WL 688845, 1995 U.S.App.LEXIS 32948

Nov. 20, 1995 Order/Opinion
310

Opinion

Proyecto San Pablo v. Immigration and Naturalization Services

4 F.Supp.2d 881

June 17, 1997 Order/Opinion

Opinion

Proyecto San Pablo v. Immigration and Naturalization Services

U. S. Court of Appeals for the Ninth Circuit

189 F.3d 1130

Sept. 3, 1999 Order/Opinion

Federal Register / Vol. 68, No. 19 / Wednesday, January 29, 2003 / Notices

No Court

Jan. 29, 2003 Notice Letter

Federal Register Vol. 68, No. 121 June 24, 2003/ Notices

No Court

June 24, 2003 Notice Letter
467

Defendants' Opposition to Plaintiffs' Motion to Compel

Proyecto San Pablo v. Immigration and Naturalization Services

2006 WL 1407392

April 24, 2006 Pleading / Motion / Brief

Docket

Last updated May 12, 2022

ECF Number Description Date Link
1

Motion by plaintiff to permit filing cmplt using fictitious names and for protective ord (former emp) (Entered: 08/18/1989)

Aug. 17, 1989
2

Motion by plaintiff to file afdt of cnsl under seal setting forth the actual nms/addrs of plas (former emp) (Entered: 08/18/1989)

Aug. 17, 1989
3

ORDER by Judge William D. Browning granting motion to permit filing cmplt using fictitious names and for protective ord [1−1] and motion to file afdt of cnsl under seal setting forth the actual nms/addrs of plas [2−1] FUR ORD the nms/addrs of plas shall not be disclosed to dfts w/o prior ord of the crt. (former emp) (Entered: 08/18/1989)

Aug. 17, 1989
4

Class Actn Complaint for declaratory, injunctive and mandamus relief filed no summons issued (former emp) (Entered: 08/18/1989)

Aug. 17, 1989
5

Document Sealed (pursuant to Court Order) Afdt Re: Fictitious Names (former emp) (Entered: 08/18/1989)

Aug. 17, 1989
6

Amended Notice of service by plaintiff of class actn cmplt, mtn to permit filing cmplt using fictitious nms etc (former emp) (Entered: 08/21/1989)

Aug. 21, 1989
7

ORDER by Judge William D. Browning granting pla's motion to file afdt of cnsl under seal setting forth the actual nms/addrs of plas [2−1] (former emp) (Entered: 08/23/1989)

Aug. 21, 1989
8

Motion by defendant to exceed page limitation re mtn to dsm (former emp) (Entered: 08/30/1989)

Aug. 30, 1989

LODGED: Order re motion to exceed page limitation re mtn to dsm [8−1] (former emp) (Entered: 08/30/1989)

Aug. 30, 1989

LODGED: Dfts' Mtn to dsm AND Memo in suppt (former emp) (Entered: 08/30/1989)

Aug. 30, 1989
9

ORDER by Judge William D. Browning granting dfts' motion to exceed page limitation re mtn to dsm [8−1] (former emp) (Entered: 09/05/1989)

Sept. 1, 1989
10

Motion by defendants to dismiss cmplt pursu to FRCP 12/(b)(1) for lack of jurisdiction (former emp) (Entered: 09/05/1989)

Sept. 5, 1989
11

Memorandum by defendant in support of motion to dismiss cmplt pursu to FRCP 12/(b)(1) for lack of jurisdiction [10−1] (former emp) (Entered: 09/05/1989)

Sept. 5, 1989
12

Amended Memorandum by defendant in support of motion to dismiss cmplt pursu to FRCP 12/(b)(1) for lack of jurisdiction [10−1] (former emp) (Entered: 09/07/1989)

Sept. 7, 1989

Text not available. (Entered: 09/14/1989)

Sept. 13, 1989

LODGED: Application for limited admission and order submitted by Ellen Sue Shapiro for dfts (former emp) (Entered: 09/14/1989)

Sept. 13, 1989
13

Application for Limited Admissions and ORDER: by Judge William D. Browning that Ellen Sue Shapiro may appear and participate in this action as counsel for: dfts (former emp) (Entered: 09/18/1989)

Sept. 18, 1989
14

Motion by plaintiff to extend time to file resp to mtn to dsm (former emp) (Entered: 09/25/1989)

Sept. 22, 1989

LODGED: Order re motion to extend time to file resp to mtn to dsm [14−1] (former emp) (Entered: 09/25/1989)

Sept. 22, 1989
15

ORDER by Judge William D. Browning granting plas' motion to extend time to file resp to mtn to dsm [14−1] response due 10/2/89 (former emp) (Entered: 09/28/1989)

Sept. 27, 1989
16

Certificate by plaintiffs of svc of resp to mtn to dism, mtn to exc pg limit and ord , ind to exh, ntc of hrg, upon dfts' cnsl. (former emp) (Entered: 10/03/1989)

Oct. 2, 1989
17

Motion by plaintiff to exceed page limitation re: resp to mtn to dismiss (former emp) (Entered: 10/04/1989)

Oct. 2, 1989

LODGED: Order re motion to exceed page limitation re: resp to mtn to dismiss [17−1] (former emp) Modified on 10/04/1989 (Entered: 10/04/1989)

Oct. 2, 1989

LODGED: Resp to mtn to dism, ntc of mtn hrg and index to exhibits (former emp) Modified on 10/04/1989 (Entered: 10/04/1989)

Oct. 2, 1989
18

ORDER by Judge William D. Browning granting plas' motion to exceed page limitation re: resp to mtn to dismiss [17−1] (former emp) (Entered: 10/10/1989)

Oct. 5, 1989
19

Response by plaintiff to motion to dismiss cmplt pursu to FRCP 12/(b)(1) for lack of jurisdiction [10−1] and exhibits (former emp) Modified on 07/27/1992 (Entered: 10/10/1989)

Oct. 5, 1989
20

Notice of Hearing setting dfts motion to dismiss cmplt pursu to FRCP 12/(b)(1) for lack of jurisdiction [10−1] 10:30 11/13/89 (former emp) (Entered: 10/10/1989)

Oct. 5, 1989
21

Plas' Index to Exhibits (continued) in suppt of resp to dfts motion to dismiss cmplt pursu to FRCP 12/(b)(1) for lack of jurisdiction [10−1] (former emp) (Entered: 10/17/1989)

Oct. 13, 1989
22

Motion by plaintiff for class certification and memo of law (former emp) (Entered: 10/17/1989)

Oct. 13, 1989
23

Motion by plaintiff to exceed page limit re mtn for prel inj (former emp) (Entered: 10/17/1989)

Oct. 13, 1989

LODGED: Order re motion to exceed page limit re mtn for prel inj [23−1] (former emp) (Entered: 10/17/1989)

Oct. 13, 1989

LODGED: Plas' Mtn for prel inj and memo of p/a AND Ntc of hrg AND Proposed Ord granting mtn (former emp) (Entered: 10/17/1989)

Oct. 13, 1989
24

Certificate by plaintiffs of svc of mtn for prel inj etc (former emp) (Entered: 10/17/1989)

Oct. 13, 1989
25

Motion by defendant to extend pg ltd re mtn to dsm (former emp) (Entered: 10/18/1989)

Oct. 18, 1989

LODGED: Dfts' Mtn to dsm cmplt pursu to FRCP 12 (b)(6) AND Memo in suppt AND Ldgd ord grannting mtn (former emp) (Entered: 10/18/1989)

Oct. 18, 1989
26

Plas' Amended notice of hearing resetting dfts' motion to dismiss cmplt pursu to FRCP 12/(b)(1) for lack of jurisdiction [10−1] for &plas' motion for class certification [22−1] for 2:15 11/27/89 (former emp) (Entered: 10/19/1989)

Oct. 18, 1989
27

ORDER by Judge William D. Browning granting plas' motion to exceed page limit re mtn for prel inj [23−1] (former emp) (Entered: 10/20/1989)

Oct. 19, 1989
28

Motion by plaintiff for preliminary injunction and memo of p/a (former emp) (Entered: 10/20/1989)

Oct. 19, 1989
29

ORDER by Judge William D. Browning granting dfts' motion to extend pg ltd re mtn to dsm [25−1] (former emp) (Entered: 10/24/1989)

Oct. 20, 1989
30

Motion by defendant to dismiss cmplt pursu to FRCP 12(b) (6) for lack of jurisdiction (former emp) (Entered: 10/24/1989)

Oct. 20, 1989
31

Memorandum by defendant in support of motion to dismiss cmplt pursu to FRCP 12(b) (6) for lack of jurisdiction [30−1] (former emp) (Entered: 10/24/1989)

Oct. 20, 1989
32

Motion by defendant to exceed page limitation re rply to the mtn to dsm the cmplt pursu to FRCP 12 (b)(1) (former emp) (Entered: 10/24/1989)

Oct. 20, 1989

LODGED: Order re motion to exceed page limitation re rply to the mtn to dsm the cmplt pursu to FRCP 12 (b)(1) [32−1] (former emp) (Entered: 10/24/1989)

Oct. 20, 1989
33

Pla's Notice of Hearing setting motion for preliminary injunction [28−1] 2:15 11/27/89 (former emp) (Entered: 10/24/1989)

Oct. 20, 1989
34

ORDER by Judge William D. Browning granting dfts' motion to exceed page limitation re rply to the mtn to dsm the cmplt pursu to FRCP 12 (b)(1) [32−1] (former emp) (Entered: 10/24/1989)

Oct. 20, 1989
35

Reply by defendant in suppt of motion to dismiss cmplt pursu to FRCP 12/(b)(1) for lack of jurisdiction [10−1] (former emp) (Entered: 10/24/1989)

Oct. 20, 1989
36

Motion by defendant to consolidate the hrg on dfts mtn to dism, plas' mtn for prel inj and class certification , and to recalendar date of hrg re said mtns (former emp) (Entered: 10/26/1989)

Oct. 25, 1989
37

Response by plaintiff to motion to consolidate the hrg on dfts mtn to dism, plas' mtn for prel inj and class certification [36−1], motion to recalendar date of hrg re said mtns [36−2] (former emp) (Entered: 10/30/1989)

Oct. 30, 1989
38

Reply by defendants in suppt of motion to recalendar date of hrg re mtns to dsm, prel inj &class certif [36−2] (former emp) (Entered: 11/06/1989)

Nov. 1, 1989
39

Oppo (Response) by defendant to motion for class certification [22−1] (former emp) (Entered: 11/06/1989)

Nov. 1, 1989
40

Motion by defendant to exceed page limit re oppo to pla's mtn for prel inj (former emp) (Entered: 11/06/1989)

Nov. 1, 1989
41

ORDER by Judge William D. Browning granting dfts' motion to exceed page limit re oppo to pla's mtn for prel inj [40−1] (former emp) (Entered: 11/06/1989)

Nov. 1, 1989
42

Oppo (Response) by defendant to motion for preliminary injunction [28−1] (former emp) (Entered: 11/06/1989)

Nov. 1, 1989
43

Citation of addtl auth by defendants in suppt of motion to dismiss cmplt pursu to FRCP 12(b) (6) for lack of jurisdiction [30−1], motion to dismiss cmplt pursu to FRCP 12/(b)(1) for lack of jurisdiction [10−1], and oppo to motion for preliminary injunction [28−1] (former emp) (Entered: 11/07/1989)

Nov. 3, 1989
44

Response by plaintiff to motion to dismiss cmplt pursu to FRCP 12(b) (6) for lack of jurisdiction [30−1] (former emp) (Entered: 11/08/1989)

Nov. 6, 1989
45

Motion by plaintiff to extend time to file rply to resp to mtn for prel inj and mtn for cls certification (former emp) (Entered: 11/15/1989)

Nov. 13, 1989

LODGED: Order re motion to extend time to file rply to resp to mtn for prel inj and mtn for cls certification [45−1] (former emp) (Entered: 11/15/1989)

Nov. 14, 1989
46

Motion by plaintiff to extend time to file rply to resp to mtn for prel inj and mtn for cls certification (former emp) (Entered: 11/16/1989)

Nov. 14, 1989

LODGED: Order re motion to extend time to file rply to resp to mtn for prel inj and mtn for cls certification [46−1] (former emp) (Entered: 11/16/1989)

Nov. 14, 1989
47

Motion by plaintiff to exceed page limitation re rply in suppt of mtn for prel inj (former emp) (Entered: 11/16/1989)

Nov. 15, 1989

LODGED: Order re motion to exceed page limitation re rply in suppt of mtn for prel inj [47−1] (former emp) (Entered: 11/16/1989)

Nov. 15, 1989

LODGED: Pla's Rply in suppt of mtn for cls certification AND Rply to dfts' resp to plas' mtn for prel inj (former emp) (Entered: 11/16/1989)

Nov. 15, 1989
48

Plas' Index to Exhibits (continued) in resp to dfts' motion to dismiss cmplt pursu to FRCP 12/(b)(1) for lack of jurisdiction [10−1] (former emp) (Entered: 11/16/1989)

Nov. 15, 1989
50

ORDER by Judge William D. Browning granting motion to extend time to file rply to resp to mtn for prel inj and mtn for cls certification [46−1] and rply due 11/15/89 (former emp) (Entered: 11/20/1989)

Nov. 16, 1989
51

Response by plas' to dfts' citation of addtl auth [43−1] (former emp) (Entered: 11/20/1989)

Nov. 16, 1989
52

Motion by defendant to exceed page limitation re rply to mtn to dsm (former emp) (Entered: 11/20/1989)

Nov. 17, 1989

LODGED: Order re motion to exceed page limitation re rply to mtn to dsm [52−1] (former emp) (Entered: 11/20/1989)

Nov. 17, 1989

LODGED: Dfts' Rply in suppt of mtn to dsm cmplt pursu to FRCP 12(b)(6) (former emp) (Entered: 11/20/1989)

Nov. 17, 1989
53

Reply by plaintiff in suppt of motion for class certification [22−1] (Filed 11/15/89) (former emp) (Entered: 11/20/1989)

Nov. 17, 1989
54

ORDER by Judge William D. Browning granting plas' motion to exceed page limitation re rply in suppt of mtn for prel inj [47−1] (former emp) (Entered: 11/20/1989)

Nov. 17, 1989
55

Reply by plaintiff to response to motion for preliminary injunction [28−1] (former emp) (Entered: 11/20/1989)

Nov. 17, 1989
56

Plas' Ntc of filing suppl Exhibits to motion for preliminary injunction [28−1] (former emp) (Entered: 11/20/1989)

Nov. 17, 1989
57

ORDER by Judge William D. Browning granting dfts' motion to exceed page limitation re rply to mtn to dsm [52−1] (former emp) (Entered: 11/22/1989)

Nov. 21, 1989
58

Reply by defendant in suppt of motion to dismiss cmplt pursu to FRCP 12(b) (6) for lack of jurisdiction [30−1] (former emp) (Entered: 11/22/1989)

Nov. 22, 1989
59

M/E: ORD resetting motion to dismiss cmplt pursu to FRCP 12(b) (6) for lack of jurisdiction [30−1] motion for preliminary injunction [28−1] motion for class certification [22−1] motion to dismiss cmplt pursu to FRCP 12/(b)(1) for lack of jurisdiction [10−1] 10:00 12/12/89 (former emp) (Entered: 12/04/1989)

Dec. 1, 1989
60

Notice of change of address of atty Robert Pauw Washington Immigration Project for plas (former emp) (Entered: 12/04/1989)

Dec. 1, 1989

Application for Atty Admissions form/letter sent to attorney: Robert Gibbs for plas (former emp) (Entered: 12/11/1989)

Dec. 4, 1989
61

Plas' Index to Exhibits in suppt of resp to dfts' mtn to dsm (former emp) (Entered: 12/06/1989)

Dec. 5, 1989
62

Notice by plaintiff of filing addtl docus (former emp) (Entered: 12/06/1989)

Dec. 5, 1989
63

ANSWER by defendants (former emp) (Entered: 12/11/1989)

Dec. 8, 1989
64

M/E:(WDB) HRG ON PEND MTNS (Gus Rico Rptr) ORDS taking under advisement the motion to dismiss cmplt pursu to FRCP 12(b) (6) for lack of jurisdiction [30−1] , denying motion for preliminary injunction [28−1] taking under advisement the motion for class certification [22−1] and the motion to dismiss cmplt pursu to FRCP 12/(b)(1) for lack of jurisdiction [10−1] on 12/12/89 (cc: all counsel) (former emp) (Entered: 12/12/1989)

Dec. 12, 1989
65

Plas' Index to exhbs (former emp) (Entered: 02/09/1990)

Feb. 9, 1990
66

Ntc of filing SUPPLEMENTAL material by plaintiff in suppt of pndg mtrs (former emp) (Entered: 02/09/1990)

Feb. 9, 1990
67

Citation of SUPPLEMENTAL authority by INS et al supporting mtns to dsm cmplt [30−1] &[10−1] (former emp) (Entered: 03/07/1990)

March 6, 1990
68

RESPONSE by plaintiff to dfts citation of suppl auth [67−1] (former emp) (Entered: 03/16/1990)

March 16, 1990
69

ORDER by Judge William D. Browning that defts mtn to dism for lack of sub matter juris granted as to QDE pla and den as to individ pla; dfts mtn to dismiss for failure to state a claim is denied as to individ pla and moot as to QDE pla; pla mtn certify a class is granted in part and denied in part; all futr submiss to court shall not contain citation only to immig acts. (cc: all counsel) (former emp) (Entered: 07/23/1990)

July 20, 1990
70

MOTION to stay proceedings by defendant [70−1] (lodged order) (former emp) (Entered: 08/03/1990)

Aug. 2, 1990
71

NOTICE OF CHANGE OF NAME OF COUNSEL for plaintiffs; Anne Ward to take place of Nadine K. Wettstein at atty for pla. (former emp) (Entered: 08/21/1990)

Aug. 20, 1990
72

RESPONSE by plaintiff to motion to stay proceedings by defendant [70−1] (former emp) (Entered: 08/21/1990)

Aug. 20, 1990
73

MOTION to amend class certification by pla [73−1] and memorandum of law. (lodged order) (former emp) (Entered: 08/21/1990)

Aug. 20, 1990
74

MOTION for certification of a second class [74−1] and memorandum of law. (lodged order) (former emp) (Entered: 08/21/1990)

Aug. 20, 1990
75

CERTIFICATE of service by plaintiffs of mtn to amend class cert; mtn to certify a second class, resp to dft mtn to stay; lodged orders; notice of change of name of counsel. (former emp) (Entered: 08/21/1990)

Aug. 20, 1990
76

NOTICE of filing supplementary exhibits and substituted exhibit in support of pla resp to dfts mtn to stay. (former emp) (Entered: 08/27/1990)

Aug. 23, 1990
77

REPLY by defendant to response to motion to stay proceedings by defendant [70−1] (former emp) (Entered: 08/30/1990)

Aug. 30, 1990
78

(Opposition)RESPONSE by defendants to plas' motions to recertify class and stay (former emp) (Entered: 09/07/1990)

Sept. 7, 1990
79

MOTION to exceed the page limit of reply to mtn for class cert by plaintiff [79−1] (former emp) (Entered: 09/27/1990)

Sept. 24, 1990
81

ORDER by Judge William D. Browning granting motion to exceed the page limit of reply to mtn for class cert by plaintiff [79−1] (cc: all counsel) (former emp) (Entered: 09/27/1990)

Sept. 26, 1990
82

REPLY by plaintiff to response to motion for certification of a second class [74−1], motion to amend class certification by pla [73−1] (former emp) (Entered: 09/27/1990)

Sept. 26, 1990
83

INDEX TO EXHIBITS in support of reply to dfts oppos to pla mtns for certification. (former emp) (Entered: 09/27/1990)

Sept. 26, 1990
84

NOTICE of request for oral argument on dfts mtn to stay proceedings by plaintiff (former emp) (Entered: 10/02/1990)

Sept. 28, 1990

State / Territory: Arizona

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Aug. 17, 1989

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Aliens who, at an INS legalization office located within the INS Western and Northern Regions of the United States, made application for change of status under the IRCA; to whose application 8 C.F.R. § 245a.1 was applied; and whose application was denied.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Immigration and Naturalization Service , Federal

Office of the Legalization Appeals Unit, Federal

U.S. State Department, Federal

U.S. Department of Justice, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Immigration Reform and Control Act of 1986 (IRCA)

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Amount Defendant Pays: $31,161.158

Order Duration: 1991 - 0

Issues

Immigration/Border:

Admission - criteria

Admission - procedure

Deportation - judicial review

Deportation - procedure

Temporary protected status

Undocumented immigrants - rights and duties

U.S. citizenship - acquiring