Case: Yassini v. Crosland

3:80-cv-00074 | U.S. District Court for the Northern District of California

Filed Date: Jan. 10, 1980

Closed Date: 1980

Clearinghouse coding complete

Case Summary

Plaintiffs, Iranian nationals, brought suit in late 1979 or early 1980 in the U.S. District Court for the Northern District of California, challenging directive of the Acting Commissioner of the INS to revoke deferred departure dates the INS had previously granted to Iranian nationals. The lawsuit came in the wake of the Iranian hostage crisis which began on November 4, 1979, when Iranian militants stormed the U.S. Embassy in Tehran and took U.S. citizens hostage. In response, the U.S. govern…

Plaintiffs, Iranian nationals, brought suit in late 1979 or early 1980 in the U.S. District Court for the Northern District of California, challenging directive of the Acting Commissioner of the INS to revoke deferred departure dates the INS had previously granted to Iranian nationals. The lawsuit came in the wake of the Iranian hostage crisis which began on November 4, 1979, when Iranian militants stormed the U.S. Embassy in Tehran and took U.S. citizens hostage. In response, the U.S. government attempted to identify all Iranian students in the U.S. not in compliance with the terms of their entry visas, and commence deportation proceedings. All Iranian students were ordered to report within 30 days to their local INS office so their immigration status could be checked. The INS also rescinded a previously issued June 1980 deferred departure date for Iranians. Plaintiffs challenged the legality of the INS directive.

The District Court (Judge Robert H. Schnacke) certified a plaintiff class, over plaintiffs' objection, and then dismissed the entire action. Plaintiffs appealed and sought an injunction pending the appeal.

The Ninth Circuit Court of Appeals reversed, vacating the class certification and the dismissal and remanding the case for further proceedings as to the individual named plaintiffs. Yassini v. Crosland, 613 F.2d 219 (9th Cir. 1980).

On remand, the District Court rendered judgment for the INS, and one of the named plaintiffs appealed. The Ninth Circuit Court of Appeals affirmed, holding that the INS' revocation of deferred departure dates for Iranian nationals was a lawful act and a legitimate part of implementing the President's response to the Iranian hostage crisis. The Court further held that the INS' action did not violate due process, the Administrative Procedure Act or the Freedom of Information Act. Yassini v. Crosland, 618 F.2d 1356 (9th Cir. 1980).

We have no further information on this case.

Summary Authors

Dan Dalton (10/21/2007)

People


Judge(s)

Hug, Procter Ralph Jr. (Nevada)

Hughes, Charles Evans (District of Columbia)

Kennedy, Anthony McLeod (District of Columbia)

Pregerson, Dean D. (California)

Tang, Thomas (Arizona)

Tuttle, Elbert Parr (Georgia)

Attorneys(s) for Plaintiff

Blum, Carolyn P. (California)

Hing, Bill Ong (California)

Howard, Nancy (California)

Rummel, Jeffrey J (California)

Judge(s)

Hug, Procter Ralph Jr. (Nevada)

Hughes, Charles Evans (District of Columbia)

Kennedy, Anthony McLeod (District of Columbia)

Pregerson, Dean D. (California)

Tang, Thomas (Arizona)

Tuttle, Elbert Parr (Georgia)

Attorneys(s) for Plaintiff

Blum, Carolyn P. (California)

Hing, Bill Ong (California)

Howard, Nancy (California)

Rummel, Jeffrey J (California)

Van Der Hout, Marc (California)

Weber, Polly A (California)

Attorneys(s) for Defendant

Garland, Merrick B. (District of Columbia)

Phalle, R De Saint (California)

Schey, Peter A. (California)

Documents in the Clearinghouse

Document

80-04030

[Opinion Vacating and Remanding]

U. S. Court of Appeals for the Ninth Circuit

613 F.2d 219

Jan. 29, 1980

Jan. 29, 1980

Order/Opinion

80-04066

[Opinion Affirming District Court Decision]

U. S. Court of Appeals for the Ninth Circuit

618 F.2d 1356

May 14, 1980

May 14, 1980

Order/Opinion

Resources

Docket

Last updated Aug. 6, 2022, 3:06 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Jan. 10, 1980

Closing Date: 1980

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Iranian students whose deferred departure dates from the U.S> had been revoked by the INS.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Immigration and Naturalization Service, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination-basis:

National origin discrimination

Immigration/Border:

Constitutional rights

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Temporary visitors