Case: Polovchak v. Meese

1:80-05595 | U.S. District Court for the Northern District of Illinois

Filed Date: Oct. 17, 1980

Closed Date: 1985

Clearinghouse coding complete

Case Summary

In 1980, Russian parents of a minor child who was granted asylum by the U.S. filed suit in the United States District Court for the Northern District of Illinois, claiming that grant of asylum to their child was in violation of their due process rights. The parents sought an order vacating the grant of asylum.The plaintiff parents came to the U.S. from Russia in 1980 with their three children. They decided to return, but two of the children decided to stay with relatives. The parents resisted…

In 1980, Russian parents of a minor child who was granted asylum by the U.S. filed suit in the United States District Court for the Northern District of Illinois, claiming that grant of asylum to their child was in violation of their due process rights. The parents sought an order vacating the grant of asylum.

The plaintiff parents came to the U.S. from Russia in 1980 with their three children. They decided to return, but two of the children decided to stay with relatives. The parents resisted the younger child Walter's decision to stay and litigation ensued.

Walter became a ward of the state and was removed from his parents' custody by the state trial court. In December 1981, the Illinois Appellate Court reversed the decision of the trial court. In re Polovchak ( Illinois v. Polovchak), 104 Ill.App.3d 203, 59 Ill.Dec. 929, 432 N.E.2d 873 (1981). The Illinois Supreme Court affirmed. In re Polovchak, 97 Ill.2d 212, 73 Ill.Dec. 398, 454 N.E.2d 258 (1983), cert. denied, --- U.S. ----, 104 S.Ct. 1413, 79 L.Ed.2d 740 (1984).

In the interim, the parents returned to Russia.

In the federal case, on July 17, 1985, the District Court (Judge Thomas R. McMillen) entered summary judgment in favor of the parents, finding that the parents were deprived of their due process rights when the INS granted asylum to their minor child without giving them notice and a hearing. The District Court also entered an injunction prohibiting the enforcement of an INS "departure control order" prohibiting the son's return to the Soviet Union. Polovchak v. Landon, 614 F.Supp. 900 (N.D.Ill. 1985). The government appealed. The Court of Appeals for the Seventh Circuit (Circuit Judge Cudahy) agreed that the parents were deprived of due process, but vacated the District Court's injunction since it did not take into account the rights of the minor child. Polovchak v. Meese, 774 F.2d 731 (7th Cir. 1985). The minor turned 18 years old shortly after the appellate opinion was issued.

We have no further information on this case.

Summary Authors

Dan Dalton (12/22/2007)

People


Judge(s)

Cudahy, Richard Dickson (Illinois)

McGillicuddy, Helen F. (Illinois)

McMillen, Thomas Roberts (Illinois)

Posner, Richard Allen (Illinois)

Swygert, Luther Merritt (Illinois)

Underwood, Mell Gilbert (Ohio)

Attorneys(s) for Plaintiff

Geraghty, Diane (Illinois)

Grossman, Harvey (Illinois)

Lubet, Steven (Illinois)

Attorneys(s) for Defendant

Bombaugh, Robert L. (District of Columbia)

Judge(s)

Cudahy, Richard Dickson (Illinois)

McGillicuddy, Helen F. (Illinois)

McMillen, Thomas Roberts (Illinois)

Posner, Richard Allen (Illinois)

Swygert, Luther Merritt (Illinois)

Underwood, Mell Gilbert (Ohio)

Attorneys(s) for Plaintiff

Geraghty, Diane (Illinois)

Grossman, Harvey (Illinois)

Lubet, Steven (Illinois)

Attorneys(s) for Defendant

Bombaugh, Robert L. (District of Columbia)

Branding, Frederick H. (Illinois)

Cherry, Joan S. (Illinois)

Daley, Richard M. (Illinois)

Fahner, Tyrone C. (Illinois)

Filppu, Lauri Steven (District of Columbia)

Golding, Marshall Tamal (District of Columbia)

Kuhl, Carolyn (District of Columbia)

Needles, Nancy K. (Illinois)

Shabat, Michael E. (Illinois)

Sweeney, Kevin (Illinois)

Webb, Dan K. (Illinois)

Other Attorney(s)

Holzer, Henry Mark (New York)

Kulas, Julian E. (Illinois)

Documents in the Clearinghouse

Document

80-2857

Opinion

People v. Polovchak

Illinois state appellate court

432 N.E.2d 873

March 23, 1982

March 23, 1982

Order/Opinion

Nos. 56552

No. 56572.

Opinion

In re Polovchak

Illinois state supreme court

454 N.E.2d 258

Sept. 30, 1983

Sept. 30, 1983

Order/Opinion

83-00845

Order Denying Petition for Writ of Certiorari

Polovchak v. Polovchak

Supreme Court of the United States

465 U.S. 1065

Feb. 27, 1984

Feb. 27, 1984

Order/Opinion

83-01118

USCA Order

Polovchak v. Polovchak

U. S. Court of Appeals for the Seventh Circuit

734 F.2d 18

April 5, 1984

April 5, 1984

Order/Opinion

1:80-05595

Decision

Polovchak v. Smith

1984 U.S.Dist.LEXIS 24601

Aug. 2, 1984

Aug. 2, 1984

Order/Opinion

1:80-05595

Decision

Polovchak v. Smith

1984 U.S.Dist.LEXIS 20922

Dec. 27, 1984

Dec. 27, 1984

Order/Opinion

1:80-05595

Decision

Polovchak v. Landon

614 F.Supp. 900

July 17, 1985

July 17, 1985

Order/Opinion

85-02297

85-02305

USCA Opinion

U. S. Court of Appeals for the Seventh Circuit

774 F.2d 731

Oct. 9, 1985

Oct. 9, 1985

Order/Opinion

Resources

Docket

Last updated June 3, 2022, 3:04 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Illinois

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Oct. 17, 1980

Closing Date: 1985

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Russian parents of minor child who was granted asylum by the U.S.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Immigration and Naturalization Service, Federal

United States Attorney General, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Due Process

Free Exercise Clause

Availably Documents:

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

Immigration/Border:

Asylum - criteria

Asylum - procedure

Family Separation