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Case: Zambrano v. INS

2:88-cv-00455 | U.S. District Court for the Eastern District of California

Filed Date: April 12, 1988

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On April 12, 1988, six undocumented aliens filed a class action lawsuit in the U.S. District Court for the Eastern District of California, challenging regulations issued by the Immigration and Naturalization Service ("INS"), which implemented the legalization provisions of the Immigration Reform and Control Act of 1986 (IRCA). This case was one of three "late amnesty cases" filed in the federal courts in California against the INS. The other two cases were Catholic Social Services v. Meese, 2…

On April 12, 1988, six undocumented aliens filed a class action lawsuit in the U.S. District Court for the Eastern District of California, challenging regulations issued by the Immigration and Naturalization Service ("INS"), which implemented the legalization provisions of the Immigration Reform and Control Act of 1986 (IRCA). This case was one of three "late amnesty cases" filed in the federal courts in California against the INS. The other two cases were Catholic Social Services v. Meese, 2:86-cv-01343-LKK-JFM (E.D.Cal.)[IM-CA-11 of this collection] and LULAC v. INS, 2:87-cv-04757-WDK-CW (C.D.Cal.) [IM-CA-19].

The IRCA established a one-time only amnesty program through which aliens could apply for lawful temporary resident status and then, after a one-year waiting period, apply for permanent residency. 8 U.S.C. §1255a. In order to be eligible for amnesty under the program, an alien must have satisfied four requirements: 1) a timely application; 2) unlawful residence in the United States since 1982; 3) continuous presence in the United States since the IRCA's enactment; and 4) admissibility as an immigrant. An alien satisfied the 4th requirement, as long as he/she did not fall into one of the statutory exclusions. The Zambrano plaintiffs challenged two regulations issued by the INS which dealt with one such exclusion - the "public charge exclusion," which excluded aliens who would likely be financially dependent on the government. The regulations at issue concerned "proof of financial responsibility," 8 C.F.R. § 245a.2(d)(4) and "public cash assistance," 8 C.F.R. § 245a.1(i)(1988), which applied to how the public charge exclusion was determined.

Attorneys with the San Mateo County Legal Aid Society, the Mexican American Legal Defense and Educational Fund, the ACLU Foundation of Southern California, Protection and Advocacy Inc. and private firms represented the plaintiffs.

The Zambrano case resulted in litigation which spanned 12 years and produced a complicated procedural history of appeals to and remands from the Ninth Circuit and Supreme Court. A brief synopsis of that history follows.

In 1988, the District Court (Edward J. Garcia) denied defendants' motion to dismiss for lack of jurisdiction pursuant to 8 U.S.C. § 1255a(f) and granted class certification to two classes. Class 1 plaintiffs were those aliens who applied for legalization and were denied based on the application of the regulations. Class 2 plaintiffs were those aliens who were discouraged from applying due to the illegal regulations. A preliminary injunction was also issued. Zambrano v. INS, 1988 U.S. Dist. LEXIS 17592 (E.D. Cal., August 9, 1988). In 1989, Judge Garcia granted plaintiff's motion for partial summary judgment and made the injunction permanent, enjoining the INS from enforcing the challenged regulations, denying work authorizations to or deporting class members.

The INS appealed several of the Court's orders and the Ninth Circuit affirmed. Zambrano v. INS, 972 F.2d 1122 (9th Cir.1992). Certiorari was granted and the Supreme Court vacated the judgment and remanded the case to the United States Court of Appeals for the Ninth Circuit for further consideration in light of Reno v. Catholic Social Services, Inc., 509 U.S. 43, 113 S.Ct. 2485, 125 L.Ed.2d 38 (1993) [IM-CA-11 of this collection]. INS v. Zambrano, 509 U.S. 918, 113 S. Ct. 3028, 125 L. Ed. 2d 717 (1993).

After remand to the District Court, the parties unsuccessfully engaged in settlement negotiations. Defendants then moved to dismiss the complaint based on Reno v. Catholic Social Services, Inc. Plaintiffs amended their complaint, dismissing the claims of the class I plaintiffs and adding three new claims, which were allowed to proceed by the District Court.

On September 30, 1996, Congress enacted the Illegal Immigration Reform and Immigration Responsibility Act of 1996 ("IIRIRA"). Defendants asked the court to dismiss the case, contending that the §377 of the 1996 Act destroyed the Court's jurisdiction over the case. The motion was denied. The INS appealed.

While the Zambrano case was on appeal, the Ninth Circuit issued its opinion in Catholic Social Services v. Reno, 134 F.3d 921 (9th Cir.1998). [IM-CA-11]. That opinion held that the District Court had no jurisdiction over the remaining claim in Zambrano. As such, the Ninth Circuit vacated the District Court's orders in Zambrano and remanded the case with instructions to dismiss for lack of subject matter jurisdiction in light of the opinion its opinion in Catholic Social Services v. Reno. Zambrano v. INS, 145 F.3d 1344 (9th Cir. Cal. 1998).

On subsequent remand, the Court dismissed the case. Despite the dismissal, plaintiffs moved for attorneys' fees under the Equal Access to Justice Act. The District Court denied their request and plaintiffs appealed. While the fee issue was on appeal, Congress enacted the Legal Immigration Family Equity Act (LIFE). The LIFE Act and subsequent amendments repealed the challenged section (§377) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. The legislation also specifically created a new amnesty program for eligible class members of the Zambrano, Catholic Social Services v. Reno, and LULAC cases. Applicants from those cases were granted a new one-year period to apply for lawful permanent residence.

Based on the LIFE legislation, the Zambrano plaintiffs sought to relitigate the jurisdiction issue before the Ninth Circuit. The Ninth Circuit did not reconsider the jurisdiction issue and affirmed the District Court's denial of attorney's fees. Zambrano v. INS, 282 F.3d 1145, (9th Cir. 2002), opinion amended at Zambrano v. INS, 302 F.3d 909 (9th Cir. 2002).

There was no further activity on this case

Summary Authors

Dan Dalton (12/18/2007)

Related Cases

Catholic Social Services v. Ashcroft, Eastern District of California (1986)

LULAC v. INS, Central District of California (1987)

People


Judge(s)

Garcia, Edward J. (California)

Hall, Cynthia Holcomb (California)

Hug, Procter Ralph Jr. (Nevada)

Kozinski, Alex (California)

Muecke, Charles Andrew (Arizona)

Nelson, Dorothy Wright (California)

Nowinski, Peter A. (California)

Wiggins, Charles Edward (California)

Attorneys(s) for Plaintiff

Andrade, Vibiana (California)

Argueta, Sylvia (California)

Judge(s)

Garcia, Edward J. (California)

Hall, Cynthia Holcomb (California)

Hug, Procter Ralph Jr. (Nevada)

Kozinski, Alex (California)

Muecke, Charles Andrew (Arizona)

Nelson, Dorothy Wright (California)

Nowinski, Peter A. (California)

Wiggins, Charles Edward (California)

Attorneys(s) for Plaintiff

Andrade, Vibiana (California)

Argueta, Sylvia (California)

Gee, Pauline W. (California)

Jimenez, Martha I. (California)

Nevins, Beth A. (California)

Pearl, Richard M (California)

Rosenbaum, Stephen A. (California)

Attorneys(s) for Defendant

Bell, Keisha Dawn (District of Columbia)

Funk, Stephen W. (District of Columbia)

Howard, William J. (District of Columbia)

Keener, Donald E. (District of Columbia)

Kendall, Robert Jr. (District of Columbia)

Norwood, Anthony W. (District of Columbia)

Williams, Glyndell E. (California)

Other Attorney(s)

Hawkins, Michael Daly (Arizona)

Documents in the Clearinghouse

Document

2:88-cv-00455

Docket [PACER]

Sept. 16, 2002

Sept. 16, 2002

Docket

2:88-cv-00455

Memorandum Opinion and Order

Aug. 9, 1988

Aug. 9, 1988

Order/Opinion

90-15274

90-15298

89-16014

Opinion

Zambrano v. Immigration & Naturalization Service

U. S. Court of Appeals for the Ninth Circuit

Aug. 19, 1992

Aug. 19, 1992

Order/Opinion

92-00849

Order [On Petition for Writ of Certiorari]

Immigration and Naturalization Service v. Zambrano

Supreme Court of the United States

June 28, 1993

June 28, 1993

Order/Opinion

2:88-cv-00455

97-16526

Order

Zambrano v. I.N.S.

U. S. Court of Appeals for the Ninth Circuit

Jan. 15, 1998

Jan. 15, 1998

Order/Opinion

97-16526

Opinion

Zambrano v. Immigration and Nationalization Service

U. S. Court of Appeals for the Ninth Circuit

May 7, 1998

May 7, 1998

Order/Opinion

00-16191

Amended Opinion

Zambrano v. Immigration and Naturalization Services

U. S. Court of Appeals for the Ninth Circuit

March 7, 2002

March 7, 2002

Order/Opinion

00-16191

Opinion

Zambrano v. Immigration and Naturalization Service

U. S. Court of Appeals for the Ninth Circuit

March 7, 2002

March 7, 2002

Order/Opinion

00-16191

Opinion

Zambrano v. Immigration and Naturalization Services

U. S. Court of Appeals for the Ninth Circuit

Sept. 4, 2002

Sept. 4, 2002

Order/Opinion

Docket

Last updated Sept. 3, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
156

CERTIFIED COPY of Appellate Court Order: appellants' motion for voluntary dismissal fo these appeals under FRAP 42(b) is granted (old) (Entered: 09/30/1991)

Sept. 27, 1991

Sept. 27, 1991

157

COPY of Appellate Court Order: JPltf's motion to file 63-page answer/opening brief is granted (old) (Entered: 10/17/1991)

Oct. 16, 1991

Oct. 16, 1991

158

CLERK'S record on appeal transmitted to Circuit; Original case file and certified copy of docket mailed to Circuit. (cc: all counsel) (old) (Entered: 01/13/1992)

Jan. 13, 1992

Jan. 13, 1992

159

RECEIPT from Court of Appeals for Ninth Circuit for record on appeal (old) (Entered: 01/17/1992)

Jan. 17, 1992

Jan. 17, 1992

160

RECORD on appeal returned from U.S. Court of Appeals (old) (Entered: 10/08/1992)

Oct. 8, 1992

Oct. 8, 1992

161

CERTIFIED COPY of Appellate Court Order: AFFIRMING the judgment of said District Court (old) (Entered: 11/12/1992)

Nov. 10, 1992

Nov. 10, 1992

162

NOTICE OF MOTION AND MOTION by plaintiff Jorge Perdoma, plaintiff Martha Ozuna, plaintiff Andrea Ruiz, plaintiff Graciela Lopez, plaintiff Margarita Rodriguez, plaintiff Marta Zambrano for contempt , for sanctions , to compel further compliance ; motions to be heard 9:00 on 7/23/93 by Judge Edward J Garcia (old) (Entered: 06/25/1993)

June 25, 1993

June 25, 1993

163

MEMORANDUM by plaintiff Jorge Perdoma, plaintiff Martha Ozuna, plaintiff Andrea Ruiz, plaintiff Graciela Lopez, plaintiff Margarita Rodriguez, plaintiff Marta Zambrano in support of motion for contempt [162-1], of motion for sanctions [162-2], of motion to compel further compliance [162-3] (old) (Entered: 06/25/1993)

June 25, 1993

June 25, 1993

165

DECLARATION of Vibiana Andrade In Support Of motion for contempt [162- 1], motion for sanctions [162-2], motion to compel further compliance [162-3] (old) (Entered: 06/25/1993)

June 25, 1993

June 25, 1993

166

DECLARATION of Pauline Gee In Support Of motion for contempt [162-1], motion for sanctions [162-2], motion to compel further compliance [162-3] (old) (Entered: 06/25/1993)

June 25, 1993

June 25, 1993

LODGED proposed order on plaintiff's motion for contempt, sanctions, and for further compliance (old) (Entered: 06/25/1993)

June 25, 1993

June 25, 1993

167

PROOF OF SERVICE by plaintiffs of motion for contempt, sanctions and for further compliance (old) (Entered: 07/01/1993)

June 30, 1993

June 30, 1993

168

RESPONSE and OPPOSITION by defendant Harold Ezell, defendant Alan Nelson, defendant Edwin Meese, defendant INS to motion for [162-1], motion for sanctions [162-2], motion to compel further compliance [162-3] (old) (Entered: 07/13/1993)

July 12, 1993

July 12, 1993

169

MOTION by defendant Harold Ezell, defendant Alan Nelson, defendant Edwin Meese, defendant INS to continue hearing on plaintiff's motions for contempt, sanctions, and complaince (old) (Entered: 07/16/1993)

July 16, 1993

July 16, 1993

170

REPLY MEMORANDUM IN SUPPORT by plaintiff Jorge Perdoma, plaintiff Martha Ozuna, plaintiff Andrea Ruiz, plaintiff Graciela Lopez, plaintiff Margarita Rodriguez, plaintiff Marta Zambrano to defendants' opposition to motion for contempt [162-1], motion for sanctions [162-2], motion to compel further compliance [162-3] (old) (Entered: 07/19/1993)

July 16, 1993

July 16, 1993

171

OPPOSITION by plaintiff Jorge Perdoma, plaintiff Martha Ozuna, plaintiff Andrea Ruiz, plaintiff Graciela Lopez, plaintiff Margarita Rodriguez, plaintiff Marta Zambrano to motion to continue hearing on plaintiff's motions for contempt, sanctions, and complaince [169-1] (old) (Entered: 07/20/1993)

July 20, 1993

July 20, 1993

172

NOTICE by plaintiff Marta Zambrano of hearing removing contempt hearing set for 7/23/93 (old) (Entered: 07/26/1993)

July 23, 1993

July 23, 1993

173

NOTICE by court of hearing setting hearing on motion to continue hearing on plaintiff's motions for contempt, sanctions, and complaince [169-1] 9:00 8/27/93, setting hearing on motion for contempt [162-1] 9:00 8/27/93, setting hearing on for sanctions [162-2] 9:00 8/27/93, setting hearing on motion to compel further compliance [162-3] 9:00 8/27/93 ; Scheduling Conference set 9:00 on 8/27/93 ( cc: all counsel) (old) (Entered: 08/12/1993)

Aug. 11, 1993

Aug. 11, 1993

174

NOTICE of hearing setting hearing on motion to continue hearing on plaintiff's motions for contempt, sanctions, and complaince [169-1] 9:00 10/22/93, setting hearing on motion for contempt [162-1] 9:00 10/22/93, setting hearing on motion for sanctions [162-2] 9:00 10/22/93, setting hearing on motion to compel further compliance [162-3] 9:00 10/22/93 ; Scheduling Conference reset to 9:00 on 10/22/93 ( cc: all counsel) (old) (Entered: 08/17/1993)

Aug. 13, 1993

Aug. 13, 1993

176

CERTIFIED COPY of Appellate Court Order: re USCA #90-15274, REMANDING District Court Judgment (old) (Entered: 09/01/1993)

Sept. 1, 1993

Sept. 1, 1993

177

CERTIFIED COPY of Appellate Court Order: re USCA #90-15298, REMANDING District Court Judgment (old) (Entered: 09/01/1993)

Sept. 1, 1993

Sept. 1, 1993

LODGED stipulation for continuance & order thereon (old) (Entered: 11/04/1993)

Nov. 2, 1993

Nov. 2, 1993

178

STIPULATION and ORDER by Judge Edward J Garcia: GRANTING stipulation - RESETTING hearing on motion for contempt [162-1], motion for sanctions [162-2], motion to compel further compliance [162-3] to 9:00am on 1/28/94 (cc: all counsel) (old) (Entered: 11/08/1993)

Nov. 8, 1993

Nov. 8, 1993

179

NOTICE by plaintiffs to continue hearing set for 1/28/94 to a date after 2/25/94 (old) (Entered: 01/14/1994)

Jan. 13, 1994

Jan. 13, 1994

LODGED Stipulation to Continuance of Status Conference and Order (old) (Entered: 01/14/1994)

Jan. 13, 1994

Jan. 13, 1994

180

STIPULATION and ORDER by Judge Edward J Garcia : RESETTING hearing on motion for contempt [162-1], motion for sanctions [162-2], motion to compel further compliance [162-3] to 9:00am on 4/22/94; Status Conference CONTINUED to 4/22/94 at 9:00am (cc: all (old) (Entered: 01/18/1994)

Jan. 18, 1994

Jan. 18, 1994

LODGED Stipulation for continuance and order thereon (status conf to 7/29/94 at 9:00am) (old) (Entered: 04/19/1994)

April 19, 1994

April 19, 1994

181

ORDER by Judge Edward J Garcia; GRANTING stipulation for continuance and order thereof ; Scheduling Conference reset for 7/29/94 at 9:00; (cc: counsel) (old) (Entered: 04/22/1994)

April 22, 1994

April 22, 1994

182

STIPULATION AND ORDER by Judge Edward J Garcia: RESETTING hearing on motion for contempt [162-1], motion for sanctions [162-2] and motion to compel further compliance [162-3] to 9:00am on 12/2/94; status conference RESET for 9:00am on 12/2/94 (cc: all counsel) (old) (Entered: 07/25/1994)

July 25, 1994

July 25, 1994

183

NOTICE by plaintiff of change of address to CA Rural Legal Assistance 631 Howard St, Suite 300 San Francisco CA 94105-3907 (old) (Entered: 09/06/1994)

Sept. 2, 1994

Sept. 2, 1994

184

ORDER by Judge Edward J Garcia: DROPPING FROM COURT'S CALENDAR motion for contempt [162-1], motion sanctions [162-2], and motion to compel further compliance [162-3]; plaintiffs may renotice for 12/2/94 at 9:00am; status conference SET for 9:00am on 12/2/94; supplemental status reports due 10 days prior to the status conference (cc: all counsel) (old) (Entered: 09/26/1994)

Sept. 26, 1994

Sept. 26, 1994

185

STATUS REPORT by pltfs Marta Zambrano, Margarita Rodriguez, Graciela Lopez, Andrea Ruiz, Martha Ozuna, Jorge Perdoma (old) (Entered: 11/23/1994)

Nov. 22, 1994

Nov. 22, 1994

186

SUPPLEMENTAL STATUS REPORT by defendants (old) (Entered: 11/29/1994)

Nov. 23, 1994

Nov. 23, 1994

188

MOTION by defendants to dismiss second amended complaint motion to be heard by Judge Edward J Garcia on 2/10/95 at 9:00am (old) (Entered: 12/23/1994)

Dec. 22, 1994

Dec. 22, 1994

189

EX PARTE APPLICATION FOR CONTINUANCE OF DEFENDANT'S MOTION TO DISMISS THE COMPLAINT by plaintiffs (old) (Entered: 01/23/1995)

Jan. 19, 1995

Jan. 19, 1995

LODGED order continuing defendants' motion to dismiss the complaint to 3/10/95 at 10:00am (old) (Entered: 01/20/1995)

Jan. 19, 1995

Jan. 19, 1995

190

ORDER by Judge Edward J Garcia resetting hearing on motion by defendants to dismiss second amended complaint [188-1] 10:00 3/10/95; scheduling conference for 10:00 3/10/95 ; Pltf's opposition brief is to be filed no later than 2/27/95; deft's reply is to be filed no later 3/3/95 (cc: all counsel) (old) (Entered: 01/24/1995)

Jan. 24, 1995

Jan. 24, 1995

191

PLAINTIFFS OPPOSITION to defendants motion to dismiss second amended complaint (old) (Entered: 03/02/1995)

Feb. 27, 1995

Feb. 27, 1995

192

NOTICE OF MOTION AND MOTION to amend complaint by plaintiffs ; memorandum of points and authorities in support thereof; motion to be heard on 03/10/95 at 9:00am by Judge Edward J Garcia (old) (Entered: 03/02/1995)

Feb. 27, 1995

Feb. 27, 1995

LODGED Third amended complaint by plaintiffs (old) (Entered: 03/02/1995)

Feb. 27, 1995

Feb. 27, 1995

LODGED Proposed Order granting leave to amend complaint by plaintiffs (old) (Entered: 03/02/1995)

Feb. 27, 1995

Feb. 27, 1995

193

NOTICE of hearing RESET AND ACCELERATED on motion to amend complaint by plaintiffs [192-1] 9:00 3/9/95 ( cc: all counsel) (old) (Entered: 03/03/1995)

March 1, 1995

March 1, 1995

LODGED Document not to be used; court to prepare own order (old) (Entered: 03/06/1995)

March 3, 1995

March 3, 1995

195

THIRD AMENDED COMPLAINT by plaintiffs Jorge Perdoma, Martha Ozuna, Andrea Ruiz, Graciela Lopez, Margarita Rodriguez, Marta Zambrano (old) (Entered: 03/10/1995)

March 9, 1995

March 9, 1995

196

MINUTES of Status Conference before Judge Edward J Garcia: granting motion to amend complaint by plaintiffs [192-1]; finding the motion by defendants to dismiss second amended complaint [188-1] moot; scheduling conference continued to 9:00am on 5/12/95 ; C/R McNamara (old) (Entered: 03/13/1995)

March 9, 1995

March 9, 1995

194

ORDER by Judge Edward J Garcia ORDERING: plaintiffs motion to amend is GRANTED; the proposed third amended complaint lodged with the court 02/27/95 is ordered FILED; defendants shall answer or otherwise respond to the third amended complaint within 30 days from the date of this order; this disposition moots defendants motion to dismiss the second amended complaint; scheduling conference is continued to 9:00am on 5/12/95 and motion to dismiss set for 9:00am on 5/12/95 ; defendants oral motion made at the hearing to stay discovery is DENIED; to the extent defendants seek a formal stay of discovery they must file a noticed motion for such a stay; a motion to stay discovery may be noticed before the district court in the first instance but may be referred to the Magistrate Judge for resolution (cc: all counsel) (old) (Entered: 03/10/1995)

March 10, 1995

March 10, 1995

197

ANSWER to plaintiffs third amended complaint by defendants (old) (Entered: 03/27/1995)

March 23, 1995

March 23, 1995

198

NOTICE OF MOTION AND MOTION to stay discovery pending ruling on motion to dismiss third amended complaint ; by deft (old) (Entered: 03/30/1995)

March 29, 1995

March 29, 1995

199

MEMORANDUM by defendant in support of motion to stay discovery pending ruling on motion to dismiss third amended complaint [198-1] (old) (Entered: 03/30/1995)

March 29, 1995

March 29, 1995

200

NOTICE OF MOTION AND MOTION to dismiss pltfs' third amended complaint by dfts motion to be heard on 5/12/95 at 9:00am by Judge Edward J. Garcia (kb) (Entered: 04/13/1995)

April 10, 1995

April 10, 1995

201

MEMORANDUM by plaintiff in opposition to motion for protective order to stay discovery [198-1] (old) (Entered: 04/21/1995)

April 19, 1995

April 19, 1995

202

DECLARATION of Pauline Gee in opposition to motion for protective order to stay discovery [198-1] (old) (Entered: 04/21/1995)

April 19, 1995

April 19, 1995

LODGED Proposed Order denying defts' motion for stay of discovery by plaintiff (old) (Entered: 04/21/1995)

April 19, 1995

April 19, 1995

203

REPLY BRIEF by defts Harold Ezell, Alan Nelson, Edwin Meese, INS in support of motion to stay discovery [198-1]; 5/3/95 on 9:00am (old) (Entered: 05/02/1995)

April 26, 1995

April 26, 1995

204

LETTER to court from counsel for defendants Harold Ezell, Alan Nelson, Edwin Meese, INS regarding motion to stay hearing set for 5/3/95, counsel has been advised that the motion would be decided on the briefs without any oral argument (old) (Entered: 05/02/1995)

April 26, 1995

April 26, 1995

205

PLAINTIFFS' MEMORANDUM IN OPPOSITION to dfts' motion to dimisss third amended complaint [200-1] (ndd) (Entered: 05/02/1995)

April 28, 1995

April 28, 1995

207

MINUTES of Hearing on Motion before Magistrate Judge Peter A. Nowinski: motion for protective order & to stay discovery SUBMITTED without argument; the Order re: this motion was filed 4/28/95 (old) (Entered: 05/04/1995)

May 3, 1995

May 3, 1995

206

ORDER by Magistrate Judge Peter A. Nowinski GRANTING motion to stay discovery pending ruling on motion to third amended complaint [198-1]; plaintiff have not demonstrated factual issued raised by deft's motion which require discovery (cc: all counsel) (old) (Entered: 05/04/1995)

May 4, 1995

May 4, 1995

LODGED Document NOT USED [0-0] (old) (Entered: 05/04/1995)

May 4, 1995

May 4, 1995

208

REPLY by defendants to pltfs' opposition to motion to dismiss pltfs' third amended complaint by dfts [200-1] (old) (Entered: 05/09/1995)

May 5, 1995

May 5, 1995

210

MINUTES of Status hearing before Judge Edward J Garcia; DENYING motion to dismiss pltfs' third amended complaint by dfts [200-1]l; scheduling conference reset to 9:30 10/13/95 ; discovery stay lifted ; Order to be prepared by court C/R McNamara (old) (Entered: 07/18/1995)

July 14, 1995

July 14, 1995

211

ORDER AFTER HEARING by Judge Edward J Garcia GRANTING motion to dismiss pltfs' third amended complaint by dfts [200-1] as to the second cause of action and denied as to the first, third, and fourth causes of action; GRANTING motion by defendants to dismiss second amended complaint [188-1] as to the FOIA claim contained within the fourth cause of action but denied as to the third cause of action; the stay of discovery imposed by order filed 5/4/95 is lifted; a supplemental scheduling conference set for 9:30 10/13/95 ; supplemental status reports due no later than 10 days prior to the conference (cc: all counsel) (old) (Entered: 07/19/1995)

July 19, 1995

July 19, 1995

212

EX PARTE APPLICATION for order shortening time by pltfs Jorge Perdoma, Martha Ozuna, Andrea Ruiz, Graciela Lopez, Margarita Rodriguez, Marta Zambrano re motion to compel (old) (Entered: 07/21/1995)

July 21, 1995

July 21, 1995

213

NOTICE OF MOTION AND MOTION by pltfs Jorge Perdoma, Martha Ozuna, Andrea Ruiz, Graciela Lopez, Margarita Rodriguez, Marta Zambrano to compel answers to 3rd set of interrogatories , and to produce documents ; motion to be heard 9:00 on 9/6/95 before PAN (old) (Entered: 07/21/1995)

July 21, 1995

July 21, 1995

214

DECLARATION of Stephen A Rosenbaum in support of motions to compel [213-1], to produce [213-2] (old) (Entered: 07/21/1995)

July 21, 1995

July 21, 1995

215

STIPULATION by counsel regarding pltfs' motions to compel [213-1], to produce [213-2] (old) (Entered: 07/21/1995)

July 21, 1995

July 21, 1995

216

MEMORANDUM IN OPPOSITION by defts Harold Ezell, Alan Nelson, Edwin Meese, INS to motion to compel answers to 3rd set of interrogatories [213-1], to motion to produce documents [213-2] (old) (Entered: 07/21/1995)

July 21, 1995

July 21, 1995

LODGED Order shortening time to hear motion to compel by pltfs Jorge Perdoma, Martha Ozuna, Andrea Ruiz, Graciela Lopez, Margarita Rodriguez, Marta Zambrano (old) (Entered: 07/21/1995)

July 21, 1995

July 21, 1995

LODGED Order granting motions to compel, to produce by pltfs Jorge Perdoma, Martha Ozuna, Andrea Ruiz, Graciela Lopez, Margarita Rodriguez, Marta Zambrano (old) (Entered: 07/21/1995)

July 21, 1995

July 21, 1995

217

ORDER by Magistrate Judge Peter A. Nowinski: Plaintiff's motion to compel discovery is denied; defendant shall serve its reponse to plaintiff's discovery by 8/14/95 (cc: all counsel) (old) (Entered: 07/26/1995)

July 26, 1995

July 26, 1995

218

SUPPLEMENTAL STATUS REPORT by dfts Harold Ezell, Alan Nelson, Edwin Meese, INS (old) (Entered: 10/02/1995)

Sept. 29, 1995

Sept. 29, 1995

219

SUPPLEMENTAL STATUS REPORT by plaintiff Marta Zambrano (old) (Entered: 10/03/1995)

Oct. 2, 1995

Oct. 2, 1995

220

TRANSCRIPT of 7/14/95 hearing on court's ruling on motions by C/R Margaret A McNamara (old) (Entered: 10/04/1995)

Oct. 3, 1995

Oct. 3, 1995

221

MINUTES of Status conference before Judge Edward J Garcia; scheduling conference continued to 9:00 2/23/96 ; supplemental status reports due no later than 2/13/95 C/R McNamara (old) (Entered: 10/17/1995)

Oct. 13, 1995

Oct. 13, 1995

223

MOTION by defendants to compel (old) (Entered: 10/30/1995)

Oct. 27, 1995

Oct. 27, 1995

224

MEMORANDUM by defendant INS in support of defendants' motion to compel [223-1] (old) (Entered: 10/30/1995)

Oct. 27, 1995

Oct. 27, 1995

225

DECLARATION of Stphen W Funk in support of defendants' motion to compel [223-1] (old) (Entered: 10/30/1995)

Oct. 27, 1995

Oct. 27, 1995

226

EX PARTE APPLICATION by defendant INS for shortening time to hear defendants' motion to compel (old) (Entered: 10/30/1995)

Oct. 27, 1995

Oct. 27, 1995

227

DECLARATION of Stephen W Funk in support defendants' ex parte application for shortening time to hear motion to compel [222-1] (old) (Entered: 10/30/1995)

Oct. 27, 1995

Oct. 27, 1995

LODGED order compelling disclosure by defendant INS (old) (Entered: 10/30/1995)

Oct. 27, 1995

Oct. 27, 1995

LODGED order shortening time to hear motion to compel (old) (Entered: 10/30/1995)

Oct. 27, 1995

Oct. 27, 1995

222

ORDER by Magistrate Judge Peter A. Nowinski SETTING HEARING on motion to compel answers to 3rd set of interrogatories [213-1] 9:00 11/1/95: Hearing will be heard telephonically (cc: all counsel) (old) (Entered: 10/30/1995)

Oct. 30, 1995

Oct. 30, 1995

228

RESPONSE by defendant Harold Ezell to motion by defendants to compel [223- 1] (old) (Entered: 11/01/1995)

Oct. 31, 1995

Oct. 31, 1995

229

DECLARATION of Pauline Gee in opposition defendant's motion to compel [223-1] (old) (Entered: 11/01/1995)

Oct. 31, 1995

Oct. 31, 1995

LODGED order on motion to compel (old) (Entered: 11/01/1995)

Oct. 31, 1995

Oct. 31, 1995

230

ORDER by Magistrate Judge Peter A Nowinski GRANTING motion by defendants to compel the identity of class members Maria R, Estela A, and Eva A [223-1]; pltfs shall provide required information within 24 hours of service; Defts shall provide to pltfs copies of the class members' files and records relating to any application for adjustment of status at least three days before scheduled depositions; Parties use of this information shall remain subject to the confidentiality provisions of 8:1255 (cc: all counsel) (old) (Entered: 11/03/1995)

Nov. 3, 1995

Nov. 3, 1995

LODGED Stipulation for protective order of confidentiality & order by plts (ndd) (Entered: 01/09/1996)

Jan. 8, 1996

Jan. 8, 1996

231

PLTS' EX PARTE APPLICATION to continue motion for class modification and Declaration in support thereof (ndd) (Entered: 01/11/1996)

Jan. 10, 1996

Jan. 10, 1996

232

STIPULATION AND ORDER by Magistrate Judge Peter A. Nowinski for protective order of applications and supporting class membership declaration and documentation submitted to INS between 7/31/89 and 1/3/90 ; dfts may depose plts Maria R, Estela L and Eva A to the extent mentioned during the course of the depositions, shall appear as pseudonyms in the deposition transcripts; both parties agree that information regarding plts and class members obtained as a result of this action will be kept strictly confidential (cc: all counsel) (ndd) (Entered: 01/11/1996)

Jan. 11, 1996

Jan. 11, 1996

233

NOTICE OF NON OPPOSITION by defendants regarding pltfs ex parte application to continue motion for class modification and declaration in support thereof [231-1] (old) (Entered: 01/17/1996)

Jan. 12, 1996

Jan. 12, 1996

234

ORDER by Judge Edward J. Garcia: RESETTING the hearing on the motiotn to modify the class definition to 4/5/96 at 9am in Courtroom #4 (cc: all counsel) (old) (Entered: 01/17/1996)

Jan. 17, 1996

Jan. 17, 1996

235

SUPPLEMENTAL STATUS REPORT by defendants (old) (Entered: 02/15/1996)

Feb. 13, 1996

Feb. 13, 1996

236

NOTICE OF MOTION AND MOTION for modification of class certification order by plfs ; hearing set for 9:00 4/5/96; motion to be heard by Judge Edward J. Garcia (old) (Entered: 03/08/1996)

March 5, 1996

March 5, 1996

237

MEMORANDUM OF POINTS AND AUTHORITIES by plaintiffs in support of Motion for modification of class certification order [236-1] (old) (Entered: 03/08/1996)

March 5, 1996

March 5, 1996

239

SEALED document (old) (Entered: 03/08/1996)

March 5, 1996

March 5, 1996

238

EXHIBITS by plaintiffs in support of Motion for modification of class certification order [236-1] (old) (Entered: 03/08/1996)

March 6, 1996

March 6, 1996

240

SUPPLEMENTAL STATUS REPORT by defendants (kb) (Entered: 03/26/1996)

March 22, 1996

March 22, 1996

241

OPPOSITION by defendants to motion for modification of class certification order by plfs [236-1] (kb) (Entered: 03/26/1996)

March 22, 1996

March 22, 1996

242

NOTICE OF MOTION AND MOTION for leave to intervene or join two additional plfs by plfs ; hearing set for 9:00 5/3/96; motion to be heard by Judge Edward J Garcia (old) (Entered: 04/01/1996)

March 29, 1996

March 29, 1996

243

EX PARTE APPLICATION by plfs for order shortening time (old) (Entered: 04/01/1996)

March 29, 1996

March 29, 1996

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: April 12, 1988

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Aliens who applied for legalization under the amnesty program of the IRCA and were denied based on the application of 2 regulations issued by the INS which dealt with the “public charge exclusion.” A second class contained aliens discouraged from applying

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

MALDEF

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Immigration and Naturalization Service, Federal

Case Details

Causes of Action:

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

Immigration Reform and Control Act of 1986 (IRCA)

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Admission - criteria

Admission - procedure

Constitutional rights

Deportation - criteria

Legalization/Amnesty

Temporary protected status

Undocumented immigrants - rights and duties

U.S. citizenship - acquiring