Case: American Baptist Churches v. Thornburgh

3:85-cv-03255 | U.S. District Court for the Northern District of California

Filed Date: July 7, 1985

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On July 7, 1985, religious and refugee service organizations and two individual undocumented aliens brought a lawsuit in the United States District Court for the Northern District of California against various government officials, including the United States Attorney General Richard Thornburgh, challenging prosecutions for harboring undocumented aliens. Plaintiffs contended that the defendants' application of immigration laws violated the First Amendment and equal protection. The Plaintiffs …

On July 7, 1985, religious and refugee service organizations and two individual undocumented aliens brought a lawsuit in the United States District Court for the Northern District of California against various government officials, including the United States Attorney General Richard Thornburgh, challenging prosecutions for harboring undocumented aliens. Plaintiffs contended that the defendants' application of immigration laws violated the First Amendment and equal protection. The Plaintiffs sought injunctive relief.

Defendants moved to dismiss the case.

In March of 1987, the District Court (Chief Judge Peckham) granted in part and denied in part defendants' motion to dismiss. The Court held that: (1) religious organizations had standing to allege that prosecution of religious sanctuary workers under criminal harboring and transporting statute violated First Amendment; (2) religious organizations' complaint that prosecution of religious sanctuary workers violated First Amendment stated cause of action; and (3) Central American refugee service organizations lacked standing to assert violation of Salvadoran and Guatemalan refugee's right to temporary refugee or discriminatory application of immigration laws. American Baptist Churches v. Thornburgh 666 F.Supp. 1358 (N.D. Cal. 1987). An amended memorandum and opinion was later issued. American Baptist Churches v. Meese, 712 F.Supp. 756 (N.D. Cal. 1989).

It is unclear from the docket what transpired from 1989 to 1990, but the case eventually settled. The District Court approved the settlement in January 1991. The Settlement Agreement defined a class of Salvadorans and Guatemalans who would be afforded de novo, unappealable asylum adjudication proceedings, which included a dispute resolution mechanism. American Baptist Churches v. Thornburgh, 760 F.Supp. 796)(N.D. Cal. 1991).

The PACER docket is incomplete, but it appears that post settlment activity continued through June 1999, when the Settlement Agreement was modified. No further activity is noted.

Summary Authors

Miles Chan (8/3/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/9232736/parties/american-baptist-chu-v-meese/


Judge(s)
Attorney for Plaintiff

Blum, Carolyn P. (California)

Coliver, Sandra (California)

Attorney for Defendant

Bombaugh, Robert L. (District of Columbia)

Dornell, Lisa (District of Columbia)

Expert/Monitor/Master/Other

Deale, Frank E. (New York)

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Documents in the Clearinghouse

Document

3:85-cv-03255

Docket

June 2, 1999

June 2, 1999

Docket

3:85-cv-03255

Opinion

March 30, 1987

March 30, 1987

Order/Opinion

3:85-cv-03255

Opinion

March 24, 1989

March 24, 1989

Order/Opinion
208

3:85-cv-03255

Opinion

Jan. 31, 1991

Jan. 31, 1991

Order/Opinion
233

3:85-cv-03255

Stipulation and Order to Modify Settlement Agreement

June 1, 1999

June 1, 1999

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/9232736/american-baptist-chu-v-meese/

Last updated Jan. 25, 2024, 3:16 a.m.

ECF Number Description Date Link Date / Link
208

STIPULATION and ORDER by Senior Judge Robert F. Peckham : dismissing case (cc: all counsel) Settlement Agreement (ga, COURT STAFF) (Entered: 01/31/1991)

Jan. 31, 1991

Jan. 31, 1991

Clearinghouse
213

ORDER by Judge D. L. Jensen Case reassigned to Judge D. L. Jensen ( Date Entered: 3/14/95) (cc: all counsel) [3:85-cv-03255] (db, COURT STAFF) (Entered: 03/14/1995)

March 14, 1995

March 14, 1995

PACER
214

LETTER Chief Judge Henderson dated 3/13/95 by Marc Van Der Hout re that the pla class are now moving for an order of this Court to maintain the status quo [4:85-cv-03255] (mh, COURT STAFF) (Entered: 03/16/1995)

March 15, 1995

March 15, 1995

PACER
215

MOTION before Judge D. L. Jensen by Pla to shorten time on a temporary restraining order & an order to show cause [4:85-cv-03255] (mh, COURT STAFF) (Entered: 03/16/1995)

March 15, 1995

March 15, 1995

PACER
216

CERTIFICATE by Pla in support of application for order to shortening time [#215-1] [4:85-cv-03255] (mh, COURT STAFF) (Entered: 03/16/1995)

March 15, 1995

March 15, 1995

PACER
217

MOTION before Judge D. L. Jensen by Plas for temporary restraining order [4:85-cv-03255] (mh, COURT STAFF) (Entered: 03/16/1995)

March 15, 1995

March 15, 1995

PACER
218

MEMORANDUM by Pla in support of motion for temporary restraining order & order to show cause re issuance of preliminary injunction to enforce settlement agreement [217-1] [4:85-cv-03255] (mh, COURT STAFF) (Entered: 03/16/1995)

March 15, 1995

March 15, 1995

PACER
219

EXHIBITS re motion for temporary restraining order [217-1] [4:85-cv-03255] (mh, COURT STAFF) (Entered: 03/16/1995)

March 15, 1995

March 15, 1995

PACER
220

LETTER to the Courtroom Deputy dated 3/17/95 re stipulation [4:85-cv-03255] (mh, COURT STAFF) (Entered: 03/22/1995)

March 20, 1995

March 20, 1995

PACER
221

STIPULATION and ORDER by Judge D. L. Jensen : granting motion for temporary restraining order [217-1], granting motion to shorten time on a temporary restraining order & an order to show cause [215-1] In court hearing re Pla's application will be held 3:30pm 3/29/95 (cc: all counsel) [4:85-cv-03255] (mh, COURT STAFF) (Entered: 03/22/1995)

March 20, 1995

March 20, 1995

PACER
223

ORDER by Judge D. L. Jensen recusing himself from case (Date Entered: 3/23/95) (cc: all counsel) [4:85-cv-03255] (mh, COURT STAFF) (Entered: 03/23/1995)

March 20, 1995

March 20, 1995

PACER
229

MEMORANDUM by defendant in opposition to plaintiffs' application for a temporary restraining order with supporting exhibits. [3:85-cv-03255] (cs, COURT STAFF) (Entered: 04/26/1995)

March 22, 1995

March 22, 1995

PACER
230

DECLARATION by Maris Stella Jarina on behalf of defendant re opposition memorandum [229-1] [3:85-cv-03255] (cs, COURT STAFF) (Entered: 04/26/1995)

March 22, 1995

March 22, 1995

PACER
222

ORDER by Assignment Committee Case reassigned to Judge Charles A. Legge ( Date Entered: 3/23/95) (cc: all counsel) [4:85-cv-03255] (mh, COURT STAFF) (Entered: 03/23/1995)

March 23, 1995

March 23, 1995

PACER
224

DECLARATION by Maris Stella Jarina on behalf of defendants in support of defendants' memorandum in opposition to plaintiffs' application for a temporary restraining order. [3:85-cv-03255] (cs, COURT STAFF) (Entered: 03/27/1995)

March 23, 1995

March 23, 1995

PACER
225

MEMORANDUM by Plaintiff in support of plaintiffs' application for a temporary restraining order and order to show cause regarding issuance of preliminary injunction to enforce settlement agreement. [3:85-cv-03255] (cs, COURT STAFF) (Entered: 03/28/1995)

March 24, 1995

March 24, 1995

PACER
226

EXHIBITS re memorandum [225-1] [3:85-cv-03255] (cs, COURT STAFF) (Entered: 03/28/1995)

March 24, 1995

March 24, 1995

PACER
227

MINUTES: ( C/R Roberta Rogers) Hearing held 3/30/95. Plaintiff's motion for preliminary injunction denied. The court finds that he has no standing pursuant to the settlement agreement. [3:85-cv-03255] (cs, COURT STAFF) (Entered: 04/06/1995)

March 31, 1995

March 31, 1995

PACER
228

REPORTER'S TRANSCRIPT; Date of proceedings: 3/30/95 ( C/R: Roberta L. Rogers) [3:85-cv-03255] (cs, COURT STAFF) (Entered: 04/10/1995)

April 7, 1995

April 7, 1995

PACER
231

ORDER by Judge Charles A. Legge, there being no action in this matter it is dismissed; dismissing case ( Date Entered: 11/22/95) (cc: all counsel) [3:85-cv-03255] (pg, COURT STAFF) (Entered: 11/22/1995)

Nov. 17, 1995

Nov. 17, 1995

PACER
232

NOTICE by Plaintiffs of counsel's change of address [3:85-cv-03255] (tn, COURT STAFF) (Entered: 01/03/1996)

Dec. 29, 1995

Dec. 29, 1995

PACER

RECEIVED Stipulation and [Proposed] Order to modify settlement agreement [3:85-cv-03255] (tn, COURT STAFF)

May 24, 1999

May 24, 1999

PACER
233

STIPULATION and ORDER by Judge Charles A. Legge modifying settlement agreement (cc: all counsel) [3:85-cv-03255] (tn, COURT STAFF) (Entered: 06/02/1999)

June 1, 1999

June 1, 1999

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: July 7, 1985

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Religious and refugee service organizations who challenged prosecutions for harboring aliens, including Salvadoran and Guatemalan refugees

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Immigration and Naturalization Service,, Federal

United States Attorney General, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Available Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

International law

Immigration/Border:

Asylum - criteria

Asylum - procedure

Constitutional rights

Criminal prosecution

Deportation - criteria

Refugees

Temporary protected status