Case: Abdullah v. INS

1:92-cv-08199 | U.S. District Court for the Southern District of New York

Filed Date: Nov. 12, 1992

Clearinghouse coding complete

Case Summary

On November 12, 1992, a group of around 400 Pakistani and Indian immigrants filed suit in the U.S. District Court for the Southern District of New York, challenging the INS' denial of their applications for Special Agricultural Workers ("SAW") status. Plaintiffs claimed that the INS denied their applications for SAW status on illegal grounds: (1) because it relied on proof of employment from documents provided by "blacklisted" employers; (2) it unlawfully classified them by ethnic group (3) pl…

On November 12, 1992, a group of around 400 Pakistani and Indian immigrants filed suit in the U.S. District Court for the Southern District of New York, challenging the INS' denial of their applications for Special Agricultural Workers ("SAW") status. Plaintiffs claimed that the INS denied their applications for SAW status on illegal grounds: (1) because it relied on proof of employment from documents provided by "blacklisted" employers; (2) it unlawfully classified them by ethnic group (3) plaintiffs were not provided with competent interpreters; (4) plaintiffs were not permitted to cross-examine adverse witnesses; and (5) there were no transcripts of interviews conducted by INS. The Plaintiffs sought an injunction ordering the INS to re-adjudicate their applications for SAW status.

On August 24, 1993, the case was consolidated with two other cases (92-8199 and 93-3985). On January 25, 1994, the case was reassigned to Judge Allen G. Schwartz.

Defendants moved to dismiss the case, or alternatively for summary judgment. Plaintiffs responded by filing a cross-motion for summary judgment.

On April 1, 1996, the District Court (Judge Allen G. Schwartz) granted the plaintiffs' motion for summary judgment and ordered the INS to re-adjudicate the plaintiffs' application for SAW status, to provide plaintiffs with competent interpreters, to adjudicate each claim individually without reference to fraud based on ethnic origin, and to allow plaintiffs the opportunity to rebut adverse evidence, without raising an irrebuttable presumption based on an employer's fraud in previous cases. Defendants' motion to dismiss was denied. Abdullah v. INS, 921 F. Supp. 1080, 1099 (S.D.N.Y. 1996). The INS appealed.

On July 8, 1999, the U.S. Court of Appeals for the Second Circuit (Judge Leval) reversed and vacated the District Court's judgment. The Appeals Court remanded the case and directed the District Court to enter judgment in favor of the INS on plaintiffs' claim based on failure to provide interpreters. Plaintiffs' claims of ethnic profiling in violation of equal protection and due process were remanded for trial. Abdullah v. INS, 184 F.3d 158,167 (2nd Cir. 1999).

According to the PACER docket, on June 26, 2000, five more cases were consolidated with this case (96-8002, 97-5904, 97-5706, 98-6186, and 96-9751). On January 10, 2001, the District Court (Judge Allen G. Schwarz) entered an order discontinuing the case unless settlement was not reached within 90 days. On the same date the case was closed. On March 20, 2001, the Court entered a stipulation and order, dismissing the case with prejudice with respect to each plaintiff listed on an exhibit attached to the order. As we do not have a copy of the March 20, 2001 stipulation and order, the terms and conditions of the dismissal and the presumed settlement are unknown.

On October 17, 2003, several related cases bearing cause numbers 92cv8199, 93cv3985, 96cv8002, 96cv9751, 97cv5706, 5904, 98cv6186 previously assigned to Judge Schwartz and closed, were ordered to be reopened. On December 22, 2003 the District Court (Judge Gerald E. Lynch) entered an order of settlement and dismissal of the related cases.

Summary Authors

Nicci Adams (7/3/2007)

People


Judge(s)

Griesa, Thomas Poole (New York)

Leval, Pierre Nelson (New York)

Lynch, Gerard E. (New York)

Miner, Roger Jeffrey (New York)

Schwartz, Allen G. (New York)

Attorneys(s) for Plaintiff

Chowes, Helen (New York)

Murtha, Robert A. Jr. (New York)

Neil, Steven C. (New York)

Weinrib, Neil A. (New York)

Attorneys(s) for Defendant

Kekatos, Diogenes P (New York)

Judge(s)

Griesa, Thomas Poole (New York)

Leval, Pierre Nelson (New York)

Lynch, Gerard E. (New York)

Miner, Roger Jeffrey (New York)

Schwartz, Allen G. (New York)

Attorneys(s) for Plaintiff

Chowes, Helen (New York)

Murtha, Robert A. Jr. (New York)

Neil, Steven C. (New York)

Weinrib, Neil A. (New York)

Attorneys(s) for Defendant

Kekatos, Diogenes P (New York)

O'Brien, James A. III (New York)

Schor, Gideon A. (New York)

White, Mary Jo (New York)

Documents in the Clearinghouse

Document

1:96-cv-08002

Docket (PACER)

Ahmed v. Reno

Dec. 22, 2003

Dec. 22, 2003

Docket

1:93-cv-03985

Docket (PACER)

Abedin v. INS

Dec. 22, 2003

Dec. 22, 2003

Docket

1:92-cv-08199

Lead Docket (PACER)

Dec. 22, 2003

Dec. 22, 2003

Docket
46

1:92-cv-08199

Opinion

921 F.Supp. 1080

April 1, 1996

April 1, 1996

Order/Opinion

96-06206

Brief for Defendant-Appellant

U. S. Court of Appeals for the Second Circuit

April 24, 1997

April 24, 1997

Other

96-06206

Brief for Plaintiff-Appellee

U. S. Court of Appeals for the Second Circuit

May 23, 1997

May 23, 1997

Pleading / Motion / Brief

96-06206

Reply Brief for Defendant-Appellant

Abdullah v INS

U. S. Court of Appeals for the Second Circuit

June 10, 1997

June 10, 1997

Pleading / Motion / Brief

96-06206

Opinion

U. S. Court of Appeals for the Second Circuit

184 F.3d 158

July 8, 1999

July 8, 1999

Order/Opinion

99-01162

Opinion

Supreme Court of the United States

529 U.S. 1066

April 17, 2000

April 17, 2000

Order/Opinion

Resources

Docket

Last updated Aug. 16, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link

CASE REFERRED TO Judge Conboy (jl) (Entered: 06/15/1993)

June 11, 1993

June 11, 1993

1

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 120.00 RECEIPT # 193962 (jl) (Entered: 06/15/1993)

June 11, 1993

June 11, 1993

2

Affidavit of service as to Immigration Service by cert. mail c/o Janet Reno, Attorney Gen., U.S. Dept. of Just., Wash., D.C. on 6/11/93 Answer due on 7/1/93 for Immigration Service (sc) (Entered: 06/16/1993)

June 14, 1993

June 14, 1993

2

Affirmation of service as to Immigration Service by M. Bermudez, U.S. Attys-SDNY on 6/11/93 Answer due on 7/1/93 for Immigration Service (sc) (Entered: 06/16/1993)

June 14, 1993

June 14, 1993

2

Affidavit of service as to Immigration Service by Judith Mendez, Leg. Tech.,Immg & Natz Service on 6/11/93 Answer due on 7/1/93 for Immigration Service (sc) (Entered: 06/16/1993)

June 14, 1993

June 14, 1993

3

Notice of asgmnt _ to Judge Kenneth Conboy Copy of notice and judge's rules mailed to Attorney(s) of record: Robert A. Murtha Jr., Robert A. Murtha JR.. (jl) (Entered: 06/29/1993)

June 29, 1993

June 29, 1993

**Remove referral flag- case no longer referred. (dcap) (Entered: 01/18/2000)

June 29, 1993

June 29, 1993

4

INITIAL PRETRIAL CONFERENCE NOTICE, set pretrial conference for 11:45 9/20/93 ( signed by Judge Kenneth Conboy ) (mk) (Entered: 07/09/1993)

July 8, 1993

July 8, 1993

Consolidated Member Case. Lead Case Number: 1:92cv8199. (emil) (Entered: 12/20/1999)

Aug. 24, 1993

Aug. 24, 1993

Consolidated Member Case . Lead Case Number: 92 3985 (mk) (Entered: 08/31/1993)

Aug. 24, 1993

Aug. 24, 1993

STIPULATION and ORDER FOR CONSOLIDATION, consolidating cases 92 civ 8199 KC & 93 civ 3985 KC purs. to FRCP 42(a) & the parties will adhere to a common timetable to be established at the 9-20-93 pretrial conference ( signed by Judge Kenneth Conboy ). (Orig. fld. in 92 civ 8199 KC) (mk) (Entered: 08/31/1993)

Aug. 24, 1993

Aug. 24, 1993

6

PRETRIAL SCHEDULING ORDER setting Deadline for filing of Govt's motion to dismiss 10/18/93 ; Response to motion deadline 11/15/93 ; Rejoinder by 11-29-93 ( by Judge Kenneth Conboy ) ; Copies mailed (mk) (Entered: 09/24/1993)

Sept. 24, 1993

Sept. 24, 1993

5

STIPULATION and ORDER, reset answer due for 10/20/93 for Immigration Service ( signed by Judge Kenneth Conboy ). (mk) (Entered: 09/24/1993)

Sept. 24, 1993

Sept. 24, 1993

STIPULATION and ORDER, reset answer due for 11/17/93 for Immigration Service ( signed by Judge Kenneth Conboy ). (Orig. fld. in 92 civ 8199 KC) (mk) Modified on 10/22/1993 (Entered: 10/22/1993)

Oct. 21, 1993

Oct. 21, 1993

7

Notice of reasgmnt _ to Judge Allen G. Schwartz Copy of notice and judge's rules mailed to Attorney(s) of record: Robert A. Murtha Jr., Robert A. Murtha JR.. (dg) (Entered: 01/20/1994)

Jan. 20, 1994

Jan. 20, 1994

STIPULATION and ORDER, reset answer due for 4/1/94 for Immigration Service ( signed by Judge Allen G. Schwartz ). (Orig. fld. in 92 civ 8199 AGS) (mk) Modified on 01/28/1994 (Entered: 01/28/1994)

Jan. 26, 1994

Jan. 26, 1994

STIPULATION and ORDER, by and between attorney's for the parties extending time for the Government's time to answer the complaint and amended complaint in, 93 Civ.3985 (AGS), is extended to ten (10) days after the Court's disposition of the Goverment's 4/12/94 motion to dismiss the complaint, pursuant to Fed. R. Civ. P. 12(b) (1) and (b)(6), or, in the alternative, for summary judgment, pursuant to Fed. R. Civ. P. 56. ( signed by Judge Allen G. Schwartz ). Original document is filed in 92 (Civ. 8199) (pl) (Entered: 04/29/1994)

April 21, 1994

April 21, 1994

Filed Memo_Endorsement on letter from Robert A. Murtha, Jr. dated 5/23/94, reset pltf's opposition to deft's motion to dismiss & for summ jmgt filing deadline for , and Deft's Reply to Response to Motion reset for 9/5/94 , and Motion hearing set for 9/30/94... SO ORDERED, SCHWARTZ, J. ( signed by Judge Allen G. Schwartz ) (Orig. fld. in 92 civ 8199 AGS) (mk) (Entered: 05/31/1994)

May 24, 1994

May 24, 1994

Filed Memo_Endorsement on letter by Robert A. Murtha, Jr. dated 7/27/94, reset Plaintiffs' opposition to motion filing deadline for set for 8/15/94 , reset Goverments' reply to opposition brief due for 9/19/94 , Return date to Goverments Motion for Summary Judgement for 10/14/94 Fld as doc#27 in case #92 cv 8199 ( signed by Judge Allen G. Schwartz ) (pl) (Entered: 08/10/1994)

July 29, 1994

July 29, 1994

STIPULATION and ORDER, for leave to file a 2nd Amended Complaint ( signed by Judge Allen G. Schwartz ). (Original filed in 92ccv8199(AGS), document # 37). (jr) (Entered: 11/01/1994)

Oct. 28, 1994

Oct. 28, 1994

REPLY MEMORANDUM OF LAW by Immigration and Naturalization Service in further support of its re: motion to dismiss the complaints, or in the alternative, for summary judgment, and in opposition to plaintiffs' cross-motion for summary judgment. (Night Deposit on 3/20/95 at 9:05 p.m.) (Original document filed in Lead Case No. 92Cv.3985(AGS), Doc. #42) (ae) (Entered: 03/23/1995)

March 20, 1995

March 20, 1995

RESPONSE by Immigration and Naturalization Service to Re: Plaintiffs' Rule 3(g) Statement in support of their cross-motion for summary judgment. (Night Deposit on 3/20/95 at 9:06 p.m.) (Original document filed in Lead Case #92Cv.8199 (AGS), Doc. #41) (ae) (Entered: 03/23/1995)

March 20, 1995

March 20, 1995

SUPPLEMENTAL DECLARATION of James A. O'Brien by Immigration and Naturalization Svc., Re: Personal knowledge; Note: Orig. doc. fld. in lead case no. 92 Civ 8199 (AGS) (ls) (Entered: 06/29/1995)

June 26, 1995

June 26, 1995

REPLY MEMORANDUM by pltffs TO Deft's Opposition To the Cross-Motion AND IN FURTHER SUPPORT of the Cross-Motion and Other and Further Relief; * Note: Orig. doc. fld. in lead case no. 92 civ 8199 (AGS) (ls) Modified on 07/07/1995 (Entered: 07/07/1995)

June 30, 1995

June 30, 1995

Case closed (ae) (Entered: 06/06/1996)

June 5, 1996

June 5, 1996

8

JUDGMENT, ORDERED, ADJUDGED AND DECREED: That for the reasons set forth in the Court's Opinion (76353) and Order of 3/29/96 defendant's motion to dismiss or for summary judgment is denied and plaintiffs' motion for summary judgment is granted to the extent set forth herein. Defendnat is ordered to vacate the denials of plaintiffs' application for SAW status and readjudicate plaintiffs' applications in accordance with the prinicipals set forth in the Opinion (76353) and Order of 3/29/96. Specifically, defendant is ordered to (1) provide plaintiffs with competent interpreters, (2) consider each plaintiff's application individually, without reference to a fraud profile based on ethnicity or national origin, and (3) afford plaintiffs the opportunity to rebut adverse evidence, without raising an irrebuttable presumption of fraud based on their employers' fraud in other cases, and further, ORDERED, that the above-entitled consolidated action is closed and removed from the Court's active docket. JAMES M. PARKISON; Mailed copies and notice of right to appeal. (ae) (Entered: 06/06/1996)

June 5, 1996

June 5, 1996

ORDER, (see below)...FOR THE FOREGOING REASONS, DEFT'S MOTION FOR A STAY PENDING APPEAL IS DENIED. , PLTFFS' CROSS-MOTION FOR A "DATE CERTAIN" FOR DEFT'S COMPLAINCE W/ THE JDGMT. IS DENIED W/O PREJUDICE TO RENEWAL...SO ORDERED... ( signed by Judge Allen G. Schwartz ); Copies mailed *Note: orig. doc. fld. in case no. 92 civ 8199 (AGS) (ls) (Entered: 04/10/1997)

April 10, 1997

April 10, 1997

Order of discontinuance of action without costs to either party and without prejudice to restore the action to the calendar of the undersigned if the settlement is not effecutated within 90 days; The Clerk of the Court is directed to forward a copy of this order to counsel for all parties; ( signed by Judge Allen G. Schwartz ); (original docmt dktd in case no. 92 cv 8199, docmt #80) (djc) (Entered: 01/10/2001)

Jan. 10, 2001

Jan. 10, 2001

Case closed. (djc) (Entered: 01/10/2001)

Jan. 10, 2001

Jan. 10, 2001

ORDER; that cases 92cv8199, 93cv3985, 96cv8002, 96cv9751, 97cv5706, 5904, 98cv6186 previously assigned to Judge Schwartz and closed, will be reopened and assigned to another District Judge . ( signed by Chief Judge Michael B. Mukasey ); orig. document docketed in 92cv8199 as document #82. (pl) (Entered: 10/17/2003)

Oct. 17, 2003

Oct. 17, 2003

Case reopened. (pl) (Entered: 10/17/2003)

Oct. 17, 2003

Oct. 17, 2003

9

Notice of Case reassignment to Judge Gerard E. Lynch . Copy of notice and judge's rules mailed to Attorney(s) of record: Robert A. Murtha Jr., Robert A. Murtha JR.. (gf) (Entered: 10/22/2003)

Oct. 17, 2003

Oct. 17, 2003

STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL; that actions 92cv8199, 93cv3985, 96cv8002, 96cv9751, 97cv5706, 97cv5904, and 98cv6186 is dismissed with prejudice with respect to each plaintiff without costs or attorneys fees to either party. (Signed by Judge Gerard E. Lynch on 12/9/2003) Original document filed under case no. 92cv8199 (GEL), doc. # 86.(kkc, ) (Entered: 12/29/2003)

Dec. 22, 2003

Dec. 22, 2003

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Nov. 12, 1992

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Over 400 Indian and Pakistani immigrants who were denied SAW status.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Immigration and Naturalization Services , 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

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2003 - 0

Issues

Immigration/Border:

Constitutional rights

Employment

Temporary foreign workers program

Undocumented immigrants - rights and duties