Case: Akhtar v. Burzynski

8:02-cv-00245 | U.S. District Court for the Central District of California

Filed Date: March 7, 2002

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On March 7, 2002, children of lawful permanent U.S. residents filed a lawsuit under 28 U.S.C. Section 2201 in the United States District Court for the Central District of California. The Plaintiffs sought declaratory and injunctive relief, challenging the validity of an "age-out" provision in regulations governing nonimmigrant "V" visas. V visas were established as part of the Legal Immigration Family Equity Act of 2000 (LIFE Act) and granted temporary lawful status to spouses and children of l…

On March 7, 2002, children of lawful permanent U.S. residents filed a lawsuit under 28 U.S.C. Section 2201 in the United States District Court for the Central District of California. The Plaintiffs sought declaratory and injunctive relief, challenging the validity of an "age-out" provision in regulations governing nonimmigrant "V" visas. V visas were established as part of the Legal Immigration Family Equity Act of 2000 (LIFE Act) and granted temporary lawful status to spouses and children of lawful permanent residents while they were waiting for immigrant visas. The regulation at issue, 8 CFR § 214.15(g), included an "age-out" restriction which limited the period of admission, or extension, for a child under a V visa, such that it would expire on the day prior to the child's 21st birthday.

The government moved to dismiss the case, or to transfer venue. That motion was denied. The parties then filed cross-motions for summary judgment. The District Court (Judge David O. Carter) denied plaintiff's motion and granted summary judgment for the government. Akhtar v. Burzynski, 2002 U.S. Dist. LEXIS 27282 (C.D.Cal. Oct. 21 2002). The plaintiff children appealed.

The Ninth Circuit Court of Appeals (Senior Circuit Judge Browning) reversed and remanded, holding that the INS' interpretation of the age-out provisions of 8 C.F.R. § 214.15(g) was contrary to Congress' intent and frustrated congressional policy. Akhtar v. Burzynski, 384 F.3d 1193 (9th Cir. 2004),

While the Akhtar v. Burzynski decision only invalidated the "age-out" provisions in the Ninth Circuit, the U.S. Citizenship and Immigration Services, successor to the INS, subsequently decided to apply Akhtar on a nation-wide basis.

Summary Authors

Dan Dalton (11/29/2007)

People


Judge(s)

Browning, James Robert (California)

Carter, David O. (California)

Nakazato, Arthur (California)

Reinhardt, Stephen Roy (California)

Wardlaw, Kim McLane (California)

Attorneys(s) for Plaintiff

Dupont, Robert J. (California)

Attorneys(s) for Defendant

Hikida, Katherine M. (California)

Weidman, Leon W. (California)

Yang, Deborah W. (California)

Judge(s)

Browning, James Robert (California)

Carter, David O. (California)

Nakazato, Arthur (California)

Reinhardt, Stephen Roy (California)

Wardlaw, Kim McLane (California)

Attorneys(s) for Plaintiff

Dupont, Robert J. (California)

Attorneys(s) for Defendant

Hikida, Katherine M. (California)

Weidman, Leon W. (California)

Yang, Deborah W. (California)

Documents in the Clearinghouse

Document

8:02-cv-00245

Docket [PACER]

Burhan Akhtar v. Michael D. Hestor

Jan. 24, 2005

Jan. 24, 2005

Docket
14

8:02-cv-00245

Minute Order [Denying Motion to Transfer Venue and Denying Motion to Dismiss]

Akhtar v. Heston

July 24, 2002

July 24, 2002

Order/Opinion
30

8:02-cv-00245

Opinion

Akhtar v. Burnzynski

2002 U.S.Dist.LEXIS 27282

Oct. 21, 2002

Oct. 21, 2002

Order/Opinion

02-57037

Opinion

Akhtar v. Burnzynski

U. S. Court of Appeals for the Ninth Circuit

384 F.3d 1193

Oct. 5, 2004

Oct. 5, 2004

Order/Opinion
49

8:02-cv-00245

Order [RE: Further Proceedings]

Jan. 24, 2005

Jan. 24, 2005

Order/Opinion

Resources

Docket

Last updated Aug. 15, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; 60 days Summons(es) issued referred to Discovery Arthur Nakazato (mt) (Entered: 03/15/2002)

March 7, 2002

March 7, 2002

2

CERTIFICATION AS TO INTERESTED PARTIES filed by plaintiffs (mt) (Entered: 03/15/2002)

March 7, 2002

March 7, 2002

3

FIRST AMENDED COMPLAINT [1-1] by plaintiffs Burhan Akhtar, Rechy Monzon Sese; adding Emerson Angeles. Summons not issued (mg) (Entered: 04/23/2002)

April 16, 2002

April 16, 2002

4

RETURN OF SUMMONS AND PROOF OF SERVICE executed upon defendant John Ashcroft, Attorney General of the United States by serving S/C to Laura Villa, Process Clerk; and defendant The INS by serving S/C to Kevin Riley, District Counsel; Service by Federal on 4/10/02 via personal service. Via cert mail to John Ashcroft on 4/4/02; original rtn rct card signed for by Ernest Parker on 4/16/02 is attached (mg) Modified on 05/09/2002 (Entered: 05/09/2002)

May 6, 2002

May 6, 2002

4

RETURN OF SUMMONS AND PROOF OF SERVICE executed upon defendants Michael D Heston, Director of the INS & James W. Ziglar, Commissioner of the INS; by Federal on 4/4/02 via cert mail by serving S/C. Original rtn rct card addressed to Michael D. Heston, signed for by D. Goss on 4/8/02 is attached. Original rtn rct card addressed to James W. Ziglar, signed for by M. Reed (undated) is attached (mg) (Entered: 05/09/2002)

May 6, 2002

May 6, 2002

5

NOTICE OF MOTION AND MOTION by Federal defendants Michael D Heston, et al to dismiss ; memo of P&A; motion hearing set for 8:30 7/22/02 (mt) (Entered: 06/12/2002)

June 11, 2002

June 11, 2002

7

NOTICE OF MOTION AND MOTION by Federal defendants Michael D Hestor et al, to transfer case to the Western District of Missouri ; memo of P&A with exhibits; motion hearing set for 8:30 7/22/02 (mt) (Entered: 06/25/2002)

June 24, 2002

June 24, 2002

8

OPPOSITION by plaintiff to motion to transfer case to the Western District of Missouri [7-1] (csb) (Entered: 07/05/2002)

July 3, 2002

July 3, 2002

9

OPPOSITION by plaintiffs to Dfts' motion to dismiss [5-1]; motion to substitute ptys under FRCP 25(D); memo of P/A; Decl of Robert J Dupont (mg) (Entered: 07/09/2002)

July 3, 2002

July 3, 2002

10

REPLY BRIEF by Federal defendants re motion to dismiss [5-1] (mt) (Entered: 07/16/2002)

July 15, 2002

July 15, 2002

11

REPLY BRIEF by Federal defendants re motion to transfer case to the Western District of Missouri [7-1] (mt) (Entered: 07/16/2002)

July 15, 2002

July 15, 2002

12

MINUTES (In Chambers) by Judge David O. Carter: taking Federal dfts motions to dismiss [5-1] and to transfer case to Western District of Missouri [7-1] under submission. Hrg set for 7/22/02 is removed from the crt's cal. Ptys will be srvd w/the crt's ruling. CR: Not Present (mt) (Entered: 07/22/2002)

July 19, 2002

July 19, 2002

13

ORDER by Judge David O. Carter setting scheduling conf for 8:30am on 10/7/02 READ IMMEDIATELY (see doc for specifics) (mt) (Entered: 07/25/2002)

July 24, 2002

July 24, 2002

14

MINUTES (in chambers): denying dfts' motion to transfer case to the Western District of Missouri [7-1] & denying dfts' motion to dismiss [5-1]; plfs' 2nd A/C is ord filed; the ptys shall file any intended motionso for summ jgm w/in 30 days of the date of this ord; by Judge David O. Carter CR: not present (rmi) (Entered: 07/26/2002)

July 24, 2002

July 24, 2002

15

SECOND AMENDED COMPLAINT [3-1] by plaintiff terminating defendant Michael D Hestor; adding dft James J Burzynski. Summons not issued (mt) (Entered: 07/28/2002)

July 24, 2002

July 24, 2002

16

NOTICE OF MOTION by plaintiffs Burhan Akhtar, Rechy Monzon Sese, Emerson Angeles for summary judgment ; motion hearing set for 8:30 9/30/02 (yc) (Entered: 08/27/2002)

Aug. 23, 2002

Aug. 23, 2002

17

DECLARATION of Robert J Dupont by plaintiffs Burhan Akhtar, Rechy Monzon Sese, Emerson Angeles in suppt of motion for summary judgment [16-1] (yc) (Entered: 08/28/2002)

Aug. 23, 2002

Aug. 23, 2002

18

MEMORANDUM of PA by plaintiffs Burhan Akhtar, Rechy Monzon Sese, Emerson Angeles in support of motion for summary judgment [16-1] (yc) (Entered: 08/28/2002)

Aug. 23, 2002

Aug. 23, 2002

19

NOTICE OF MOTION AND MOTION by defendant James J Burzynski for summary judgment ; motion hearing set for 8:30 9/30/02 (yc) (Entered: 08/28/2002)

Aug. 23, 2002

Aug. 23, 2002

20

EX PARTE APPLICATION filed by Federal defendants for an order (1) cont 9/30/02 hrgs on plfs' & dfts' mots for S/J; (2) cont FRCP 26(f) conf; Rule 16(b) conf; & ext rule 26(f) rpt filing ddl ; memo of P&A; decls; & exhibits (mt) (Entered: 09/16/2002)

Sept. 12, 2002

Sept. 12, 2002

21

ORDER by Judge David O. Carter: granting ex parte application for an order (1) cont 9/30/02 hrgs on plfs' & dfts' mots for S/J; (2) cont FRCP 26(f) conf; Rule 16(b) conf; & ext rule 26(f) rpt filing ddl [20-1]; resetting hearing on motion for summary judgment [16-1] and [19-1] to 8:30 10/21/02; mandatory status/scheduling conf cont to 8:30 12/2/02 ; dfts' & plfs' opposition for summ jgm to be filed & served by 10/7/02; dft's & plf's reply to be filed & served by 10/14/02; conf deadline cont to date w/in 30 days after Crt rules on ptys mots; report shall be filed nlt 44 days after Crt's decision on ptys mots; (see doc for fur specifics) (ln) (Entered: 09/17/2002)

Sept. 16, 2002

Sept. 16, 2002

22

NOTICE OF NON-OPPOSITION filed by plaintiffs to dft's appl for an ord cont the 9/30/02 hrg on plfs' and dfts' motions for summary judgment (mt) (Entered: 09/20/2002)

Sept. 17, 2002

Sept. 17, 2002

23

OPPOSITION by plaintiffs to dft's motion for summary judgment [19-1] (mt) (Entered: 10/15/2002)

Oct. 7, 2002

Oct. 7, 2002

24

STATEMENT disputed facts and conclusions of law by plaintiffs in suppt of plfs' opp to dfts' motion for summary judgment [19-1] (mt) (Entered: 10/15/2002)

Oct. 7, 2002

Oct. 7, 2002

25

OPPOSITION by defendants to plfs' motion for summary judgment [16-1] (mt) (Entered: 10/15/2002)

Oct. 7, 2002

Oct. 7, 2002

26

STATEMENT of genuine issues of material fact by defendants (mt) (Entered: 10/15/2002)

Oct. 7, 2002

Oct. 7, 2002

27

REPLY BRIEF by defendant James J Burzynski (mt) (Entered: 10/21/2002)

Oct. 15, 2002

Oct. 15, 2002

28

REPLY by plaintiffs in suppt of plf's motion for summary judgment [16-1]; memo of P&A (mt) (Entered: 10/22/2002)

Oct. 15, 2002

Oct. 15, 2002

31

OBJECTION filed by Federal defendants to plfs' req to submit additional legal materials at the hearing on the parties' motion for summary judgment (mt) (Entered: 10/25/2002)

Oct. 18, 2002

Oct. 18, 2002

29

JGM GRANTING DFT'S MOT FOR SUMM JGM by Judge David O. Carter: dft's mot having come on regularly for hrg on 10/21/02 & in accordance w/Crt's Ord on 10/21/02, granting dft's motion for summary judgment [19-1]; terminating case (MD JS-6) (see doc for specifics) (ln) (Entered: 10/22/2002)

Oct. 21, 2002

Oct. 21, 2002

30

ORDER DENYING PLF'S MOT FOR SUMM JGM & GRANTING DFT'S MOT FOR SUMM JGM by Judge David O. Carter: denying plf's motion for summary judgment [16-1], granting dft's cross-motion for summary judgment [19-1] (see doc for fur specifics) (ln) (Entered: 10/22/2002)

Oct. 21, 2002

Oct. 21, 2002

PLACED IN FILE - NOT USED lodged stmt of U/F & conclusions of law (mt) (Entered: 10/28/2002)

Oct. 21, 2002

Oct. 21, 2002

PLACED IN FILE - NOT USED lodged prop decl & inj ord of the crt (mt) (Entered: 10/28/2002)

Oct. 21, 2002

Oct. 21, 2002

PLACED IN FILE - NOT USED lodged plf's separate stmt of U/F & conclusions of law in suppt of ntc of mot & mot for S/J (mt) (Entered: 10/28/2002)

Oct. 21, 2002

Oct. 21, 2002

32

MINUTES OF MOTION HEARING held by Judge David O. Carter: Tentative ruling issued to cnsl, a copy of which is attached hereto. Motion by Federal dfts for summary judgment [19-1]; motion by plfs for summary judgment [16-1] taken under submission. CR: Jane Sutton (mt) (Entered: 10/29/2002)

Oct. 21, 2002

Oct. 21, 2002

33

NOTICE OF APPEAL by plaintiff Burhan Akhtar, plaintiff Rechy Monzon Sese, plaintiff Emerson Angeles to 9th C/A from Dist. Court Ord fld 10/21/02 [30-1], Jgm fld 10/21/02 [29-2] (cc: Robert J. Dupont; AUSA ) Fee: Billed (weap) (Entered: 11/25/2002)

Nov. 21, 2002

Nov. 21, 2002

34

REPRESENTATION STATEMENT re appeal [33-1] (pjap) (Entered: 12/02/2002)

Nov. 21, 2002

Nov. 21, 2002

35

TRANSCRIPT DESIGNATION and ordering form for dates: 10/21/02 CR: Jane Sutton (dlu) (Entered: 12/03/2002)

Dec. 3, 2002

Dec. 3, 2002

Appeal Fee Paid re [33-1] fee in amount of $ 105.00 (Receipt # 28209) (dlu) (Entered: 12/09/2002)

Dec. 9, 2002

Dec. 9, 2002

36

NOTIFICATION by Circuit Court of Appellate Docket Number appeal [33-1] 02-57037 (weap) (Entered: 12/12/2002)

Dec. 12, 2002

Dec. 12, 2002

39

EX PARTE APPLICATION filed by plaintiffs to shorten time to 2/3/03 for hearing on motion for stay of adverse administrative actions & injunction against detention & commencement of deportation proceedings pending appeal [37-1] (mg) (Entered: 02/04/2003)

Jan. 30, 2003

Jan. 30, 2003

40

OPPOSITION by defendants to ex parte application to shorten time to 2/3/03 for hearing on motion for stay of adverse administrative actions & injunction against detention & commencement of deportation proceedings pending appeal [37-1] [39-1] (mg) (Entered: 02/04/2003)

Jan. 30, 2003

Jan. 30, 2003

37

MOTION by plaintiffs for stay of adverse administrative actions & injunction against detention & commencement of deportation proceedings pending appeal ; motion hearing set for 8:30 2/12/03; Lodged 1/30/03 (mg) (Entered: 02/04/2003)

Feb. 4, 2003

Feb. 4, 2003

38

NOTICE OF motion to hear Plaintiff's motion for stay of adverse administrative actions & injunction against detention & commencement of proceedings pending appeal [37-1] filed by plaintiffs (mg) (Entered: 02/04/2003)

Feb. 4, 2003

Feb. 4, 2003

41

MINUTES (In Chambers) by Judge David O. Carter: granting plf Akhtar's ex parte application to shorten time on motion for stay [39-1]; Court GRANTS the application as to plf Akhtar, but DENIES the application as to plfs Sese and Emerson (see doc for specifics); Court sets hearing on plf Akhtar's motion for stay of adverse administrative actions & injunction against detention & commencement of deportation proceedings pending appeal [37-1] for 8:00am on 2/12/03. CR: Not Present (mt) (Entered: 02/05/2003)

Feb. 4, 2003

Feb. 4, 2003

42

DENIED BY ORDER of Judge David O. Carter: [Proposed] Ord Granting Mot for Stay of Adverse Administrative Actions & Injunction Against Detention and Commencement of Deportation Proceedings Pending Appeal; lodged 01/30/03 (ln) (Entered: 02/13/2003)

Feb. 12, 2003

Feb. 12, 2003

PLACED IN FILE - NOT USED [Proposed] Order Granting Plaintiff's Ex Parte Appication to Shorten Time to Hear Plaintiff's Motion (tso) (Entered: 02/16/2003)

Feb. 12, 2003

Feb. 12, 2003

43

MINUTES of motion hearing heald by Judge David O. Carter: Motion by plf Burhan Akhtar for stay of adverse administrative actions & injunction against detention & commencement of deportation proceedings pending appeal [37-1] is DENIED as premature. Court lacks jurisdiction to decide this matter. CR: Jane Sutton (mt) (Entered: 02/16/2003)

Feb. 12, 2003

Feb. 12, 2003

44

MANDATE of 9th CCA filed as to Appeal to Circuit Court [33], CCA # 02-57037. The judgment of said district court is reversed and remanded. Mandate received in this district on 12/1/04. (ghap, ) Modified on 12/2/2004 (ghap, ). (Entered: 12/02/2004)

Nov. 29, 2004

Nov. 29, 2004

46

NOTICE OF MOTION AND MOTION for Attorney Fees filed by plaintiffs Motion set for hearing on 2/7/2005 at 08:30 AM before Honorable David O. Carter. (dmjr, ) (Entered: 12/07/2004)

Dec. 3, 2004

Dec. 3, 2004

47

NOTICE of hearing on judgment/mandate/order from US Court of Appeals on 1/24/05 8:30am before Judge Carter (dmjr, ) (Entered: 12/28/2004)

Dec. 28, 2004

Dec. 28, 2004

Set Hearings: hearing on 9th CCA mandate set for hearing on 1/24/2005 at 08:30 AM before Honorable David O. Carter. (dmjr, ) (Entered: 12/29/2004)

Dec. 28, 2004

Dec. 28, 2004

48

STATUS REPORT filed by Defendants Immigration and Naturalization Service, James Ziglar, John Ashcroft, James J Burzynski. (dmjr, ) (Entered: 01/26/2005)

Jan. 21, 2005

Jan. 21, 2005

49

ORDER by Judge David O. Carter re: further proceedings(dmjr, ) (Entered: 01/26/2005)

Jan. 24, 2005

Jan. 24, 2005

50

MINUTES OF Hearing held before Judge David O. Carter order re further proceedings filed:, denying MOTION for Attorney Fees[46] Court Reporter: D Gale/J S Rule. (dmjr, ) (Entered: 01/26/2005)

Jan. 24, 2005

Jan. 24, 2005

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: March 7, 2002

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three non-U.S. Citizens whose families filed I-130 forms on their behalf seeking visas for entry into the United States and who were denied V-Visas by the U.S. INS following their admission to the U.S. and after their 21 birthdays.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Immigration and Naturalization Services, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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:

Litigation

Issues

Immigration/Border:

Constitutional rights

Family Separation

Temporary protected status

Visas - criteria

Visas - procedures