Case: Walters v. Reno

2:94-cv-01204 | U.S. District Court for the Western District of Washington

Filed Date: Aug. 16, 1994

Closed Date: 2003

Clearinghouse coding complete

Case Summary

On August 16, 1994, attorneys with Northwest Immigrant Rights Project, the National Immigration Law Center, the Catholic Legal Immigration Network, the American Civil Liberties Union Immigrants' Right Project, and private firms filed suit in the United States District Court for the Western District of Washington, challenging the notice procedures employed by the Immigration and Naturalization Service (INS) in document fraud cases. Plaintiffs were aliens who allegedly violated the INS' document…

On August 16, 1994, attorneys with Northwest Immigrant Rights Project, the National Immigration Law Center, the Catholic Legal Immigration Network, the American Civil Liberties Union Immigrants' Right Project, and private firms filed suit in the United States District Court for the Western District of Washington, challenging the notice procedures employed by the Immigration and Naturalization Service (INS) in document fraud cases. Plaintiffs were aliens who allegedly violated the INS' document fraud provisions by using use fake social security cards, birth certificates, driver's licenses, and other phony documents. Because of the document fraud charges, plaintiffs became subject to final orders pursuant to Section 274C of the Immigration and Naturalization Act of 1990, 8 U.S.C. § 1324c, and thereby faced permanent exclusion and deportation. Plaintiffs alleged that the INS' procedures and standardized notice forms in Section 274C document fraud cases failed to adequately advise them of their rights and the consequences of waiving them and were unconstitutional. They sought declaratory and injunctive relief and class certification.

Plaintiffs' moved for class certification, a preliminary injunction and summary judgment. The INS filed a cross-motion for summary judgment.

The District Court (Judge John C. Coughenour) granted class certification, entered summary judgment for plaintiffs and determined plaintiffs were entitled to permanent relief. Walters v. Reno, 1996 WL 897662 (W.D.Wash. Mar 13, 1996). The Court then entered a permanent injunction requiring INS to change its procedures and forms to remedy due process violations. Walters v. Reno, 1996 WL 897663 (W.D.Wash. Oct 02, 1996). The INS appealed. The Court of Appeals (Circuit Judge Reinhardt) affirmed in most respects, but instructed the district court to modify its injunction to delete the requirement that INS forms be printed in both English and Spanish. Walters v. Reno, 145 F.3d 1032 (9th Cir. 1998). Certiorari was denied. Reno v. Walters, 526 U.S. 1003, 119 S.Ct. 1140, 143 L.Ed.2d 208 (1999).

On remand, the District Court entered a partial stay of the injunction so that the parties could engage in settlement negotiations. The parties entered into a Settlement Agreement which was submitted to the Court for approval and a fairness hearing. On February 22, 2001, Chief Judge Coughenour formally approved the Settlement Agreement, retaining jurisdiction for two years for enforcement purposes. The Agreement called for the INS to use a revised section 274C NIF form which fully and accurately communicated the nature and consequences of the section 274C charges. The INS also agreed to stop soliciting or accepting waivers of the right to a section 274C hearing from aliens. Certain 274C final orders issued before the use of the new form were to be vacated. Per the Agreement, the INS was to pay plaintiffs' attorneys' fees in the sum of $622,340.00 and costs in the sum of $44,082.00.

Summary Authors

Dan Dalton (12/11/2007)

People


Judge(s)

Coughenour, John C. (Washington)

Goodwin, William Nelson (Washington)

King, Samuel Pailthorpe (Hawaii)

Reinhardt, Stephen Roy (California)

Attorneys(s) for Plaintiff

Benson, Ann E. (Washington)

Gelernt, Lee (New York)

Gibbs, Robert H. (Washington)

Guttentag, Lucas (New York)

Joaquin, Linton (California)

Kochman, Jane R. (District of Columbia)

Judge(s)

Coughenour, John C. (Washington)

Goodwin, William Nelson (Washington)

King, Samuel Pailthorpe (Hawaii)

Reinhardt, Stephen Roy (California)

Attorneys(s) for Plaintiff

Benson, Ann E. (Washington)

Gelernt, Lee (New York)

Gibbs, Robert H. (Washington)

Guttentag, Lucas (New York)

Joaquin, Linton (California)

Kochman, Jane R. (District of Columbia)

Mautner, Gail (Washington)

Pauw, Robert (Washington)

Rosenberg, Lory D. (District of Columbia)

Stansell, Jay Warren (Washington)

Steele, Mary E. (Washington)

Tremaine, Davis Wright (Washington)

Wheeler, Charles Hammond (California)

Attorneys(s) for Defendant

Goad, Shelley (District of Columbia)

Graves, Lisa R. (District of Columbia)

Hunger, Frank W. (District of Columbia)

Kline, David J. (District of Columbia)

McKinney, Kathryn M. (District of Columbia)

Ogden, David W. (District of Columbia)

Pflaumer, Katrina C. (Washington)

Pickrell, Christopher Lee (Washington)

Torstenson, Karen Fletcher (District of Columbia)

Walters, Mark C. (District of Columbia)

Welsh, Elizabeth A (District of Columbia)

Documents in the Clearinghouse

Document

2:94-cv-01204

Docket (PACER)

Feb. 22, 2001

Feb. 22, 2001

Docket
137

2:94-cv-01204

Order on Cross-Motions for Summary Judgment, Motion for Class Certification, and Related Motions

1996 WL 897662

March 13, 1996

March 13, 1996

Order/Opinion
152

2:94-cv-01204

Order and Permanent

1996 WL 897663

Oct. 2, 1996

Oct. 2, 1996

Order/Opinion

2:94-cv-01204

96-36304

Brief for the Appellants

U. S. Court of Appeals for the Ninth Circuit

Jan. 17, 1997

Jan. 17, 1997

Pleading / Motion / Brief

2:94-cv-01204

96-36304

Brief for Appellees

U. S. Court of Appeals for the Ninth Circuit

Feb. 18, 1997

Feb. 18, 1997

Pleading / Motion / Brief

2:94-cv-01204

96-36304

Appellants' Reply Brief

U. S. Court of Appeals for the Ninth Circuit

March 10, 1997

March 10, 1997

Pleading / Motion / Brief

96-36304

Opinion

U. S. Court of Appeals for the Ninth Circuit

145 F.3d 1032

May 18, 1998

May 18, 1998

Order/Opinion

98-00730

Order [Regarding Writ of Certiorari]

Reno v. Walters

Supreme Court of the United States

526 U.S. 1003, 143 L.Ed.2d 208

March 8, 1999

March 8, 1999

Order/Opinion

2:94-cv-01204

Settlement Agreement

Feb. 22, 2001

Feb. 22, 2001

Settlement Agreement

Resources

Docket

Last updated June 7, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for declaratory and injunctive relief (Summons(es) issued) Receipt # 216481 (DS) (Entered: 08/18/1994)

Aug. 16, 1994

Aug. 16, 1994

2

NOTICE OF HEARING: Status conf set 9:00 11/1/94 (cc: all counsel) (DS) (Entered: 08/19/1994)

Aug. 19, 1994

Aug. 19, 1994

3

Procedural ORDER by Judge John C. Coughenour re discovery and depositions (cc: counsel, Judge) (DS) (Entered: 08/19/1994)

Aug. 19, 1994

Aug. 19, 1994

4

RETURN OF SERVICE of summons and complaint executed upon defendant US Dept of Justice on 8/17/94 (DS) (Entered: 08/22/1994)

Aug. 19, 1994

Aug. 19, 1994

5

ATTORNEY APPEARANCE for defendant Janet Reno, defendant Doris M Meissner, defendant DOJ, defendant INS by Christopher Lee Pickrell-cnsl (MD) (Entered: 09/16/1994)

Sept. 15, 1994

Sept. 15, 1994

PROPOSED stipulation and order regarding overlength briefs (DS) (Entered: 10/18/1994)

Oct. 17, 1994

Oct. 17, 1994

6

MOTION by defendants to dismiss complaint for failure to state a claim or in the alternative, for summary jgmt Oral Argument Requested noted for 11/10/94 (DS) (Entered: 10/18/1994)

Oct. 17, 1994

Oct. 17, 1994

7

EXHIBITS by defts in support of motion to dismiss complaint for failure to state a claim or in the alternative, for summary jgmt [6-1] (DS) (Entered: 10/18/1994)

Oct. 17, 1994

Oct. 17, 1994

8

MEMORANDUM by defendants in support of motion to dismiss complaint for failure to state a claim or in the alternative, for summary jgmt [6-1] (DS) (Entered: 10/18/1994)

Oct. 17, 1994

Oct. 17, 1994

9

MOTION by defendants to stay discovery pending resolution of their motion to dismiss noted for 11/4/94 (DS) (Entered: 10/18/1994)

Oct. 17, 1994

Oct. 17, 1994

10

MEMORANDUM by defendants in support of motion to stay discovery pending resolution of their motion to dismiss [9-1] (DS) (Entered: 10/18/1994)

Oct. 17, 1994

Oct. 17, 1994

LODGED ORDER: re: motion to stay discovery pending resolution of their motion to dismiss [9-1] (DS) (Entered: 10/18/1994)

Oct. 17, 1994

Oct. 17, 1994

LODGED ORDER: re: motion to dismiss complaint for failure to state a claim or in the alternative, for summary jgmt [6-1] (DS) (Entered: 10/18/1994)

Oct. 17, 1994

Oct. 17, 1994

11

APPLICATION of out of state attorney C. Daniel Levy for permission to particpate on behalf of plaintiffs. Receipt # 217556 (DS) (Entered: 10/19/1994)

Oct. 18, 1994

Oct. 18, 1994

12

APPLICATION of out of state counsel Linton Joaquin for permission to particpate on behalf of plaintiffs. Receipt # 217556 (DS) (Entered: 10/19/1994)

Oct. 18, 1994

Oct. 18, 1994

13

APPLICATION by out of state attorney Charles Wheeler for permission to participate on behalf of plaintiffs. Receipt # 217556 (DS) (Entered: 10/19/1994)

Oct. 18, 1994

Oct. 18, 1994

14

APPLICATION of out of state attorney Lee Gelernt for permission to particpate pro hac vice on behalf of plaintiffs. Receipt # 217556 (DS) (Entered: 10/19/1994)

Oct. 18, 1994

Oct. 18, 1994

15

APPLICATION of out of state atty Lucas Guttentag for permission to participate pro hac vice on behalf of plaintiffs. Receipt # 217556 (DS) (Entered: 10/19/1994)

Oct. 18, 1994

Oct. 18, 1994

16

AFFIDAVIT of Lory D. Rosenberg re: pro hac vice applications [15-1], [14-1], [13-1], [12-1], [11-1] (DS) (Entered: 10/19/1994)

Oct. 18, 1994

Oct. 18, 1994

17

AFFIDAVIT of Jane R. Kochman re: pro hac vice applications [15-1], [14-1], [13-1], [12-1], [11-1] (DS) (Entered: 10/19/1994)

Oct. 18, 1994

Oct. 18, 1994

18

AFFIDAVIT of Mary Steele re: pro hac vice applications [15-1], [14-1], [13-1], [12-1], [11-1] (DS) (Entered: 10/19/1994)

Oct. 18, 1994

Oct. 18, 1994

LODGED ORDER: re: pro hac vice applications [15-1], [14-1], [13-1], [12-1], [11-1] (DS) (Entered: 10/19/1994)

Oct. 18, 1994

Oct. 18, 1994

19

ORDER by Clerk Bruce Rifkin GRANTING applications [15-1], [14-1], [13-1], [12-1], [11-1] by out ofstate counsel to participate on behalf of plaintiffs (cc: counsel, Judge, atty adm) ent 10/20/94 (DS) (Entered: 10/20/1994)

Oct. 20, 1994

Oct. 20, 1994

20

STIPULATION and ORDER by Judge John C. Coughenour REGARDING OVERLENGTH BRIEFS: Page limitations for briefs relating to substantive motions is extended to: 40 pages. (cc: counsel, Judge) ent 10/24/94 (DS) (Entered: 10/24/1994)

Oct. 24, 1994

Oct. 24, 1994

21

(RESPONSE) Plaintiffs' OPPOSITION to defendants' motion to stay discovery pending resolution of their motion to dismiss [9-1] (DS) (Entered: 11/01/1994)

Oct. 31, 1994

Oct. 31, 1994

22

Plaintiffs' EXHIBITS re: motion response [21-1] (DS) (Entered: 11/01/1994)

Oct. 31, 1994

Oct. 31, 1994

23

MINUTES: JCC; Dep Clerk: JPM; CR: Bob Molezzo; Attys: Steele, Joaquin, Gelernt, Torstenson, Gibbs present. Status conf called. Following sched set: Trial date: 10/23/95; Pretrial order ldg date: 10/13/95; Pleading amd: 2/1/95; Date to commence practice under LCR 39.1: 3/1/95; Trial briefs due: 10/19/95 (DS) (Entered: 11/01/1994)

Nov. 1, 1994

Nov. 1, 1994

24

DECLARATION OF MAILING by plaintiffs of motion response [21-1] (DS) (Entered: 11/03/1994)

Nov. 1, 1994

Nov. 1, 1994

25

REPLY by defendants to plaintiffs' (RESPONSE) OPPOSITION to defts' motion to stay discovery pending resolution of their motion to dismiss [9-1] (DS) (Entered: 11/07/1994)

Nov. 3, 1994

Nov. 3, 1994

26

(RESPONSE) Plaintiffs' OPPOSITION to motion to dismiss complaint for failure to state a claim or in the alternative, for summary jgmt [6-1] (DS) (Entered: 11/08/1994)

Nov. 7, 1994

Nov. 7, 1994

27

REPLY by defendants to plaintiffs' OPPOSITION (RESPONSE) to motion to dismiss complaint for failure to state a claim or in the alternative, for summary jgmt [6-1] (DS) (Entered: 11/10/1994)

Nov. 10, 1994

Nov. 10, 1994

28

MOTION by plaintiffs for class certification noted for 12/2/94 (DS) (Entered: 12/06/1994)

Nov. 15, 1994

Nov. 15, 1994

29

MEMORANDUM of points and authorities by plaintiffs in support of motion for class certification [28-1] (DS) (Entered: 12/06/1994)

Nov. 15, 1994

Nov. 15, 1994

30

DECLARATION OF MAILING by plaintiffs of motion for class certification [28-1] (DS) (Entered: 12/06/1994)

Nov. 15, 1994

Nov. 15, 1994

31

REPLY by plaintiffs to defendants' OPPOSITION (RESPONSE) to motion for class certification [28-1] (DS) (Entered: 12/12/1994)

Dec. 1, 1994

Dec. 1, 1994

33

ORDER by Judge John C. Coughenour ON MOTIONS: Defts' motion to dismiss complaint for failure to state a claim or in the alternative, for summary jgmt [6- 1] is GRANTED IN PART AND DENIED IN PART: Clms of pltfs who have not been the subject of 274 proceedings are DISMISSED for lack of standing; mtn is denied w/ respect to all other clms. Defts' motion to stay discovery pending resolution of their motion to dismiss [9-1] is STRICKEN as moot. Pltfs' motion for class certification [28-1] is DENIED w/o prejudice. (cc: counsel, Judge) ent 2/15/95 (DS) (Entered: 02/15/1995)

Feb. 15, 1995

Feb. 15, 1995

34

ANSWER to complaint [1-1] by defendants (DS) (Entered: 03/06/1995)

March 2, 1995

March 2, 1995

35

MOTION by defendants to compel sufficient answers to request for admission & interrogatries or deem matters admited noted for 5/5/95 (dktclk) (Entered: 04/17/1995)

April 17, 1995

April 17, 1995

36

MEMORANDUM by defendants in support of motion to compel sufficient answers to request for admission & interrogatries or deem matters admited [35- 1] (dktclk) (Entered: 04/17/1995)

April 17, 1995

April 17, 1995

LODGED ORDER: re: motion to compel sufficient answers to request for admission & interrogatries or deem matters admited [35-1] (dktclk) (Entered: 04/17/1995)

April 17, 1995

April 17, 1995

37

AFFIDAVIT OF SERVICE by defendants of motion to compel sufficient answers to request for admission & interrogatries or deem matters admited [35- 1] (dktclk) (Entered: 04/17/1995)

April 17, 1995

April 17, 1995

38

MOTION by defendants to shorten time on motion to compel sufficient answers to request for admission & interrogatries or deem matters admited [35-1] noted for 4/19/95 (dktclk) (Entered: 04/17/1995)

April 17, 1995

April 17, 1995

39

MEMORANDUM by defendants in support of motion to shorten time on motion to compel sufficient answers to request for admission & interrogatries or deem matters admited [35-1] [38-1] (dktclk) (Entered: 04/17/1995)

April 17, 1995

April 17, 1995

LODGED ORDER: re: motion to shorten time on motion to compel sufficient answers to request for admission & interrogatries or deem matters admited [35- 1] [38-1] (dktclk) (Entered: 04/17/1995)

April 17, 1995

April 17, 1995

40

AFFIDAVIT OF SERVICE by defendants of motion to shorten time on motion to compel sufficient answers to request for admission & interrogatries or deem matters admited [35-1] [38-1] (dktclk) (Entered: 04/17/1995)

April 17, 1995

April 17, 1995

42

MINUTE ORDER: by direction of Judge John C. Coughenour Defts' motion to shorten time is GRANTED IN PART. Underlying motion to complel shall be NOTED FOR friday, 4/28/95. Pltfs shall file their response, if any, to the motion to compel no later than 4/25/95 at 4:00pm. Defts may file a reply memorandum no later than 4/27/95 at 4:00pm. [35-1] [38-1], (cc: counsel, Judge) (dktclk) (Entered: 04/20/1995)

April 20, 1995

April 20, 1995

43

MEMORANDUM IN OPPOSITION (RESPONSE) by plaintiff to motion to compel sufficient answers to request for admission & interrogatries or deem matters admited [35-1] (dktclk) (Entered: 04/26/1995)

April 25, 1995

April 25, 1995

44

REPLY by defendants TO RESPONSE to motion to compel sufficient answers to request for admission & interrogatries or deem matters admited [35-1] (dktclk) (Entered: 05/01/1995)

April 27, 1995

April 27, 1995

45

MINUTE ORDER: by direction Judge John C. Coughenour: DENYING defts' motion to compel sufficient answers to request for admission & interrogatories or deem matters admitted [35-1] (cc: counsel, Judge,JM) (dktclk) Modified on 08/23/1995 (Entered: 05/04/1995)

May 4, 1995

May 4, 1995

46

UNOPPOSED MOTION by defendant to reset trial date to noted for 7/14/95 (dktclk) (Entered: 06/26/1995)

June 23, 1995

June 23, 1995

47

MEMORANDUM by defendants in support of motion to reset trial date to [46- 1] (dktclk) (Entered: 06/26/1995)

June 23, 1995

June 23, 1995

LODGED ORDER: re: motion to reset trial date to [46-1] (dktclk) (Entered: 06/26/1995)

June 23, 1995

June 23, 1995

48

MINUTE ORDER: by direction of Judge John C. Coughenour: Defts' unopposed motion to continue trial is GRANTED. Trial is hereby continued to 3/25/96, w/ a pretrial order lodging date of 3/15/96. Trial briefs due 3/21/96. Cnsl are directed to Local Rule 16 for other relevant deadlines, such as the discovery cutoff and the dispositive motions cutoff. No further continuances shall be granted. [46-1] (cc: counsel, Judge,JM) (dktclk) (Entered: 07/21/1995)

July 21, 1995

July 21, 1995

49

LETTER from Lory Rosenberg advising ct that she is withdrawing as atty on behalf of pltf/pets. Atty Jane Kochman is still appearing and all documents should be routed to her. (RS) (Entered: 08/22/1995)

Aug. 21, 1995

Aug. 21, 1995

50

LETTER by defendants re: Minute Order; defts are requesting immunity from prosecution for the named-pltfs [45-1] (dktclk) (Entered: 08/23/1995)

Aug. 21, 1995

Aug. 21, 1995

51

LETTER by defendants w/ copy of order issued from USDC, Eastern Div of Louisiana on 9/25/95 (dktclk) (Entered: 10/06/1995)

Oct. 5, 1995

Oct. 5, 1995

52

LETTER by defendant w/ copy of an order issued by the USDC for the Central Dist of California on 10/6/95. (dktclk) (Entered: 11/01/1995)

Oct. 30, 1995

Oct. 30, 1995

PROPOSED Stipulation & Order Regarding Extension of Discovery (dktclk) (Entered: 11/01/1995)

Nov. 1, 1995

Nov. 1, 1995

53

STIPULATION and ORDER REGARDING EXTENSION OF DISCOVERY by Judge John C. Coughenour : ; discovery ddl due 12/15/95 (cc: counsel, Judge) (dktclk) (Entered: 11/03/1995)

Nov. 3, 1995

Nov. 3, 1995

PROPOSED Second Stipulation & Order Regarding Extension of Discovery (dktclk) (Entered: 11/06/1995)

Nov. 5, 1995

Nov. 5, 1995

54

SECOND STIPULATION and ORDER Regarding Extension of Discovery to 12/11/95 by Judge John C. Coughenour : (cc: counsel, Judge) (dktclk) (Entered: 11/08/1995)

Nov. 8, 1995

Nov. 8, 1995

56

MEMORANDUM by plaintiffs in support of motion for preliminary injunction [55-1] (dktclk) (Entered: 11/30/1995)

Nov. 30, 1995

Nov. 30, 1995

PROPOSED Preliminary Injunction re: motion for preliminary injunction [55-1] (dktclk) (Entered: 11/30/1995)

Nov. 30, 1995

Nov. 30, 1995

57

MOTION by plaintiffs for class certification noted for 12/15/95 (dktclk) (Entered: 11/30/1995)

Nov. 30, 1995

Nov. 30, 1995

58

MEMORANDUM by plaintiffs in support of motion for class certification [57- 1] (dktclk) (Entered: 11/30/1995)

Nov. 30, 1995

Nov. 30, 1995

59

EXHIBITS re: motion for class certification [57-1] (FILED IN EXPANDO) (dktclk) (Entered: 11/30/1995)

Nov. 30, 1995

Nov. 30, 1995

LODGED ORDER: re: motion for class certification [57-1] (dktclk) (Entered: 11/30/1995)

Nov. 30, 1995

Nov. 30, 1995

60

MOTION by defendants to extend time torespond to pltfs' class certif. & prelim. injunct. motions noted for 12/22/95 (dktclk) (Entered: 12/05/1995)

Dec. 4, 1995

Dec. 4, 1995

61

MEMORANDUM by defendants in support of motion to extend time torespond to pltfs' class certif. & prelim. injunct. motions [60-1] (dktclk) (Entered: 12/05/1995)

Dec. 4, 1995

Dec. 4, 1995

62

MOTION by defendants to shorten time on motion to extend time to respond to pltfs' class certif. & prelim. injunct. motions [60-1] noted for 12/6/95 (dktclk) (Entered: 12/05/1995)

Dec. 4, 1995

Dec. 4, 1995

63

MEMORANDUM by defendants in support of motion to shorten time on motion to extend time to respond to pltfs' class certif. & prelim. injunct. motions [60-1] [62-1] (dktclk) (Entered: 12/05/1995)

Dec. 4, 1995

Dec. 4, 1995

LODGED ORDER: re: motion to shorten time on motion to extend time to respond to pltfs' class certif. & prelim. injunct. motions [60-1] [62-1] (dktclk) (Entered: 12/05/1995)

Dec. 4, 1995

Dec. 4, 1995

64

MINUTE ORDER: by direction of Judge John C. Coughenour GRANTING defts' motion to shorten time on motion to extend time to respond to pltfs' class certif. & prelim. injunct. motions. The underlying motion for an extension of time shall be noted for consideration on 12/11/95. Response due 12/11/95. Parties are advised that no responses to other pending motions need be filed until the Court considers & rules on this motion for an extension of time. [60-1] [62-1 [60-1] (cc: counsel, Judge) (dktclk) (Entered: 12/06/1995)

Dec. 6, 1995

Dec. 6, 1995

65

MEMORANDUM IN OPPOSITION (RESPONSE) by plaintiffs to motion to extend time torespond to pltfs' class certif. & prelim. injunct. motions [60-1] (dktclk) (Entered: 12/12/1995)

Dec. 11, 1995

Dec. 11, 1995

66

MINUTE ORDER: by direction of Judge John C. Coughenour GRANTING Deft's motion to extend time to respond to pltfs' class certif. & prelim. injunct. motions. Motions for class certification & for a preliminary injunction shall be RENOTED for 1/19/96. Discovery cutoff extended to 1/12/96, for the limited purpose of deposing the 13 additional pltfs named in pltfs motion for a preliminary injunction. No other deadlines shall be affected by this order. [60-1] [57-1], [55-1] (cc: counsel, Judge) (dktclk) Modified on 01/04/1996 (Entered: 12/12/1995)

Dec. 12, 1995

Dec. 12, 1995

67

MOTION by plaintiffs to substitute attorney Ann Benfor for stty Jay Warren Stansell (dktclk) (Entered: 12/29/1995)

Dec. 29, 1995

Dec. 29, 1995

LODGED ORDER: re: motion to substitute attorney Ann Benfor for stty Jay Warren Stansell [67-1] (dktclk) (Entered: 12/29/1995)

Dec. 29, 1995

Dec. 29, 1995

68

MOTION by defendants for protective order noted for 1/19/96 (dktclk) (Entered: 01/02/1996)

Jan. 2, 1996

Jan. 2, 1996

69

MEMORANDUM by defendants in support of motion for protective order [68- 1] (dktclk) (Entered: 01/02/1996)

Jan. 2, 1996

Jan. 2, 1996

70

MOTION by defendants to shorten time on motion for protective order [68-1] noted for 1/4/96 (dktclk) (Entered: 01/02/1996)

Jan. 2, 1996

Jan. 2, 1996

71

MEMORANDUM by defendants in support of motion to shorten time on motion for protective order [68-1] [70-1] (dktclk) (Entered: 01/02/1996)

Jan. 2, 1996

Jan. 2, 1996

LODGED ORDER: re: motion for protective order [68-1] (dktclk) (Entered: 01/02/1996)

Jan. 2, 1996

Jan. 2, 1996

LODGED ORDER: re: motion to shorten time on motion for protective order [68-1] [70-1] (dktclk) (Entered: 01/02/1996)

Jan. 2, 1996

Jan. 2, 1996

72

RESPONSE by plaintiff to motion to shorten time on motion for protective order [68-1] [70-1] (dktclk) (Entered: 01/05/1996)

Jan. 4, 1996

Jan. 4, 1996

73

MOTION by plaintiffs to compel mediation & application for designation of mediator noted for 1/19/96 (dktclk) (Entered: 01/05/1996)

Jan. 4, 1996

Jan. 4, 1996

74

AFFIDAVIT OF SERVICE by plaintiff of motion to compel mediation & application for designation of mediator [73-1] (dktclk) (Entered: 01/05/1996)

Jan. 4, 1996

Jan. 4, 1996

76

MOTION by defendants for protective order noted for 1/19/96 (dktclk) (Entered: 01/09/1996)

Jan. 5, 1996

Jan. 5, 1996

77

MEMORANDUM by defendants in support of motion for protective order [76- 1] (dktclk) (Entered: 01/09/1996)

Jan. 5, 1996

Jan. 5, 1996

78

MOTION by defendants to shorten time on motion for protective order [76-1] noted for 1/4/96 (dktclk) (Entered: 01/09/1996)

Jan. 5, 1996

Jan. 5, 1996

79

MEMORANDUM by defendant in support of motion to shorten time on motion for protective order [76-1] [78-1] (dktclk) (Entered: 01/09/1996)

Jan. 5, 1996

Jan. 5, 1996

LODGED ORDER: re: motion for protective order [76-1] (dktclk) (Entered: 01/09/1996)

Jan. 5, 1996

Jan. 5, 1996

LODGED ORDER: re: motion to shorten time on motion for protective order [76-1] [78-1] (dktclk) (Entered: 01/09/1996)

Jan. 5, 1996

Jan. 5, 1996

ENT- Letter & application re pro hac vice sent to Ann Benson (dktclk) (Entered: 01/08/1996)

Jan. 8, 1996

Jan. 8, 1996

80

MOTION by plaintiffs to compel discovery responses noted for 1/26/96 (dktclk) (Entered: 01/12/1996)

Jan. 11, 1996

Jan. 11, 1996

81

MEMORANDUM by plaintiffs in support of motion to compel discovery responses [80-1] (dktclk) (Entered: 01/12/1996)

Jan. 11, 1996

Jan. 11, 1996

82

AFFIDAVIT of Mary E. Steele regarding motion to compel discovery responses [80-1] (dktclk) (Entered: 01/12/1996)

Jan. 11, 1996

Jan. 11, 1996

LODGED ORDER: re: motion to compel discovery responses [80-1] (dktclk) (Entered: 01/12/1996)

Jan. 11, 1996

Jan. 11, 1996

83

AFFIDAVIT OF SERVICE by plaintiffs of motion to compel discovery responses [80-1] (dktclk) (Entered: 01/12/1996)

Jan. 11, 1996

Jan. 11, 1996

84

LETTER by defendants re: motion for class certification [57-1], re: motion for preliminary injunction; O.A. REQ'D [55-1] (dktclk) (Entered: 01/12/1996)

Jan. 11, 1996

Jan. 11, 1996

85

OPPOSITION (RESPONSE) by defendants to motion for preliminary injunction [55-1] (dktclk) (Entered: 01/12/1996)

Jan. 11, 1996

Jan. 11, 1996

Case Details

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Aug. 16, 1994

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All non-citizens who waived or failed to request a hearing under Section 274C of the Immigration and Nationality Act ("INA") after being served with the charging and notice forms challenged in this action.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Immigration Law Center

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Immigration and Naturalization Service (INS), Federal

Attorney General of the United States, Federal

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1996 - 2003

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

Immigration/Border:

Constitutional rights

Deportation - procedure