Case: Ayuda, Inc. v. Reno

1:88-cv-00625 | U.S. District Court for the District of Columbia

Filed Date: March 8, 1988

Closed Date: Sept. 6, 1996

Clearinghouse coding complete

Case Summary

Plaintiffs, who were nonimmigrant aliens and organizations whose primary function was to provide immigration counseling, filed a lawsuit in the U.S. District Court for the District of Columbia, challenging the legalization or "amnesty" provisions of Immigration Reform and Control Act of 1986 ("IRCA"). Specifically, plaintiffs complain that government did not take any other evidence into account, such as Social Security Administration records, Internal Revenue Service records to satisfy "unlawfu…

Plaintiffs, who were nonimmigrant aliens and organizations whose primary function was to provide immigration counseling, filed a lawsuit in the U.S. District Court for the District of Columbia, challenging the legalization or "amnesty" provisions of Immigration Reform and Control Act of 1986 ("IRCA"). Specifically, plaintiffs complain that government did not take any other evidence into account, such as Social Security Administration records, Internal Revenue Service records to satisfy "unlawful status known to government". Ayuda Inc. v. Meese. 687 F. Supp. 651. (District of D.C., 1988). Plaintiffs filed a class-action lawsuit, also alleging that defendants' interpretative regulation is contrary to the plain meaning of statute, seeking declaratory and injunctive relief prohibiting narrow construction of statutory language. The case was heard in the District Court of D.C. The case was assigned to Honorable Judge Stanley Sporkin.

The Court ruled that the plaintiffs had standing to bring case to court, stating that organizational plaintiffs' interests were within zone of protected interests by statutory provision in question, as ordained by Congress. Court also reasoned that plaintiffs passed satisfied standard for injunctive relief, citing "irreparable damage that would occur" if statute was not enjoined. Thus, on March 30, 1988, the Court granted a motion for Declaratory Judgment, declaring INS regulation to be contrary to the law. The Court enjoined the INS from any further application of the law, while maintaining jurisdiction so that the decree would be fully carried out to provide further relief. Several supplemental orders were issued as well, further enjoining the Immigration and Naturalization Service from implementing the statute.

On October 28, 1988, Judge Sporkin issued Supplemental Order XII, which maintained that the Court had power to extend a statutory deadline and determine, to what extent persons may have been prejudiced or harmed by the government's application of the erroneous regulation under IRCA. The Court concluded that exceptional circumstances existed to appoint a Special Master, under Rule 53 of Federal Rules of Civil Procedure, in order to determine what plaintiffs or persons may have been denied benefits from an order on March 30, 1988. Specifically, the Court ordered Irving M. Pollack to be appointed Lead Special Master.

The Immigration and Naturalization Service then appealed to the United States Court of Appeals for D.C. Circuit, seeking a writ of mandamus. The case was assigned to Honorable Judges Harold H. Greene, Abner J. Mikva, and Patricia M. Wald. The Court ruled on March 3, 1989, that (1) the case in previous posture did not clearly fail to present case or controversy, (2) the district court's continued exercise of jurisdiction did not violate judicial review provisions of IRCA, and (3) the case law preventing equitable tolling of the application deadline did not absolutely preclude any and all relief that the district court might order after receiving the special master's report, thereby giving no justification for the writ of mandamus. The Court did not find "clear and indisputable" lack of jurisdiction in the district court to explore further relief for late-filing aliens.

On April 4, 1989, the District Court of D.C. ruled that because the Government's position in underlying litigation was not "substantially justified" under the Equal Access to Justice Act, 28 U.S.C. 2412, plaintiffs were entitled to recover fees and expenses. Costs were granted in amount of $1,154.90 to the lawyers for Ayuda, Inc. and fellow plaintiffs.

Immigration and Naturalization Service again appealed to United States Court of Appeals for the D.C. Circuit, challenging the injunctive and declaratory order of the District Court of D.C. The Court reasoned on June 18, 1989, that "time pressures and risks to aliens involved in IRCA do not give a district court - any more than they would give a court of appeals - the power to preempt the administrative authority of the INS and direct the legalization program from the bench". The Court also stated that the case was not ripe enough to make any ruling. 880 F.2d. 1345. (D.C. Circuit 1989). Justice Silberman dissented, arguing that neither the IRCA's judicial review provisions, nor ripeness or standing doctrine precluded the district court's exercise of federal-question jurisdiction under 28 U.S.C. 1331.

More than a year would pass before a challenge was brought against tje Immigration and Naturalization Service, challenging refusal to grant temporary work authorization to aliens who entered the country illegally but claimed eligibility for legalization or amnesty under IRCA. Specifically, aliens sought the ability to work while the Supreme Court decided on granting a writ of certiorari. On September 6, 1990, the Court held that the INS was required to issue the authorization with the understanding that it could contest determination of individual eligibility before the court. The Court ordered that INS grant a work authorization, while maintaining jurisdiction over case.

Immigration and Naturalization Service would then appeal for a motion for stay in the Circuit Court of D.C. The Court ruled that the appellants demonstrated satisfaction of standards necessary for a stay pending appeal on November 13, 1990. The case was heard before Judges Wald, Henderson, and Edwards. Judge Henderson also reasoned that stare decisis required the Circuit Court to rule in favor of a stay. Judge Wald dissented in part, and concurred in part.

On February 25, 1991, the Supreme Court granted a writ of certiorari, vacating the judgment of the lower court, and remanding the case to the United States Court of Appeals for the District of Columbia Circuit.

The United States Court of Appeals for District of Columbia Circuit argued the case on May 16, 1991. On remand, the case was consolidated with other related cases on appeal from decision from a decision of United States District Court. The case was heard before Honorable Judges Douglas H. Ginsburg, Laurence H. Silberman, and Patricia M. Wald. Court held that the District Court "was without jurisdiction to issue Supplemental Order V and to order interim injunctive relief in plaintiffs' suit to extend the filing deadline" and stated that the plaintiff's appeal of the district court's motion for contempt was moot. Ayuda, Inc. v. Thornburgh, 948 F.2d. 742. (D.C. Circuit 1991). The Court also ruled that the exception to statutory review provisions recognized under recent the Supreme Court decision was limited strictly to collateral procedural challenges to legalization process, the District Court lacked jurisdiction to hear claims as to INS' interpretation of IRCA provision which were not final or ripe. Justice Wald filed a dissenting opinion, stating that the interpretation of statute was incorrect, and that the McNary case dealt with generalized challenges, not specific ones such as Ayuda, Inc.

The appellees, Ayuda, Inc., then filed for rehearing en banc. The case was heard before Honorable Judges James L. Buckley, Harry T. Edwards, Ruth B. Ginsburg, Douglas H. Ginsburg, Karen L. Henderson, Abner J. Mikva, Arthur R. Raymond, David B. Sentelle, Lauren H. Silberman, Patricia M. Wald, Stephen F. Williams. The taking of a vote then ensued, with a majority of judges denying motion for rehearing. The en banc Court then ordered that the motion be denied on March 3, 1992.

Petitioners Ayuda Inc. then appealed Supreme Court for writ of certiorari, which the Court granted. The Supreme Court vacated the judgment and remanded to United States Court of Appeals for the D.C. Circuit for further consideration on June 28, 1993.

The case was then heard before Circuit Court Judges D.H. Ginsburg, Wald, and Silberman on January 27, 1993. The Court ruled that the District Court again lacked jurisdiction to issue Supplemental Order V and to order INS to grant work authorization to aliens who failed to file deadline applications before May 4, 1988. The Court also ruled that organizational plaintiffs lacked to standing to challenge the statute. Judge Wald again dissented.

On January 27, 1994, Ayuda, Inc. appealed for rehearing en banc. The case was heard before Judges Mikva, Wald, Edwards, Silberman, Buckley, Williams, Ginsburg, Sentelle, Henderson, and Randolph. The Court denied the suggestion.

Attorney General then moved for return of attorney's fees and costs awarded to immigrant rights organizations challenging Immigration and Naturalization Service. The case was heard in the District Court of D.C. by Judge Sporkin. The Court ruled that it lacked jurisdiction to decide whether interim attorney's fees and costs should be returned. Case was heard on May 10, 1995.

On September 6, 1996, before Judges Silberman, Williams, and Ginsburg, the United States Court of Appeals for the D.C. The Circuit ordered that the motion to withdraw appeal be granted. The Court also ordered that the case be remanded to the District Court with instructions to dismiss the complaint and to vacate all remaining orders and injunctions.

Summary Authors

Stephen Imm (8/31/2007)

People


Judge(s)

Buckley, James Lane (District of Columbia)

Edwards, Harry Thomas (District of Columbia)

Ginsburg, Douglas Howard (District of Columbia)

Greene, Harold H. (District of Columbia)

Henderson, Karen LeCraft (District of Columbia)

Mikva, Abner Joseph (District of Columbia)

Randolph, Arthur Raymond (District of Columbia)

Sentelle, David Bryan (District of Columbia)

Silberman, Laurence Hirsch (District of Columbia)

Sporkin, Stanley (District of Columbia)

Judge(s)

Buckley, James Lane (District of Columbia)

Edwards, Harry Thomas (District of Columbia)

Ginsburg, Douglas Howard (District of Columbia)

Greene, Harold H. (District of Columbia)

Henderson, Karen LeCraft (District of Columbia)

Mikva, Abner Joseph (District of Columbia)

Randolph, Arthur Raymond (District of Columbia)

Sentelle, David Bryan (District of Columbia)

Silberman, Laurence Hirsch (District of Columbia)

Sporkin, Stanley (District of Columbia)

Wald, Patricia McGowan (District of Columbia)

Williams, Stephen Fain (District of Columbia)

Attorneys(s) for Plaintiff

Allen, Paul Shearman (District of Columbia)

Berzon, Stephen P. (District of Columbia)

Boggs, Roderic Van Oesen (District of Columbia)

Carrasco, Gilbert P. (New York)

Cutler, Lloyd N. (District of Columbia)

Guttentag, Lucas (New York)

Kapoyos, Yanti (District of Columbia)

Kurzban, Ira J. (Florida)

Pelta, Eleanor (District of Columbia)

Plaza, Eva M. (District of Columbia)

Plutkin, Robert Harlis (District of Columbia)

Preston, Stephen W. (District of Columbia)

Valenstein, Carl (District of Columbia)

Webber, Richard John (District of Columbia)

Wilkinson, Sandra (District of Columbia)

Attorneys(s) for Defendant

Cohen, Edward R. (District of Columbia)

Herwig, Barbara L. (District of Columbia)

Pazar, Charles (District of Columbia)

Robinson, Michael Eugene (District of Columbia)

Singer, Michael Jay (District of Columbia)

Stephens, Jay B. (District of Columbia)

Other Attorney(s)

Aronofsky, David (District of Columbia)

Billings, David M. (District of Columbia)

Bolton, John R. (District of Columbia)

Gerson, Stuart M. (District of Columbia)

Keener, Donald E. (District of Columbia)

Kendall, Robert Jr. (Louisiana)

Kline, David J. (District of Columbia)

Matelski, Wayne H. (District of Columbia)

Rubin, Michael (District of Columbia)

Sanders, Deborah F. (District of Columbia)

Strom, Cordia A. (District of Columbia)

Waller, Carolyn (District of Columbia)

Zengerle, Lynda S. (District of Columbia)

Documents in the Clearinghouse

Document

89-05301

Appellate Docket (PACER)

Ayuda Inc. v. Reno

U. S. Court of Appeals for the District of Columbia Circuit

Oct. 8, 1993

Oct. 8, 1993

Docket

90-05293

Appellate Docket (PACER)

Ayuda Inc. v. Reno

U. S. Court of Appeals for the District of Columbia Circuit

Oct. 8, 1993

Oct. 8, 1993

Docket

88-05226

Appellate Docket (PACER)

Ayuda Inc. v. Reno

U. S. Court of Appeals for the District of Columbia Circuit

Oct. 8, 1993

Oct. 8, 1993

Docket

95-05214

Appellate Docket (PACER)

Ayuda Inc. v. Reno

U. S. Court of Appeals for the District of Columbia Circuit

Sept. 6, 1996

Sept. 6, 1996

Docket

1:88-cv-00625

Docket (PACER)

Ayuda Inc. v. Meese

March 27, 1997

March 27, 1997

Docket
20

1:88-cv-00625

Opinion

687 F.Supp. 650

March 30, 1988

March 30, 1988

Order/Opinion
108

1:88-cv-00625

Opinion

700 F.Supp. 49

Sept. 27, 1988

Sept. 27, 1988

Order/Opinion

88-05360

Opinion

Ayuda, Inc. v. Thornburgh

U. S. Court of Appeals for the District of Columbia Circuit

869 F.2d 1503

March 3, 1989

March 3, 1989

Order/Opinion
163

1:88-cv-00625

Opinion

1989 WL 38951

April 4, 1989

April 4, 1989

Order/Opinion

88-05226

Opinion

U. S. Court of Appeals for the District of Columbia Circuit

880 F.2d 1325

July 18, 1989

July 18, 1989

Order/Opinion

Resources

Docket

Last updated Aug. 10, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed summons issued (ew) (Entered: 03/09/1988)

March 8, 1988

March 8, 1988

2

RULE 109 Certificate of disclosure of corporate affiliations and financial interests by plaintiff (ew) (Entered: 03/09/1988)

March 8, 1988

March 8, 1988

3

MOTION by plaintiffs for preliminary injunction exhibits (8) (hls) (Entered: 03/09/1988)

March 8, 1988

March 8, 1988

4

AFFIDAVITS OF SERVICE (3) of summons and complaint upon defendant EDWIN A. MEESE III, defendant ALAN C. NELSON, defendant INS 3/9/88 (je) (Entered: 03/15/1988)

March 14, 1988

March 14, 1988

5

AFFIDAVIT OF SERVICE of summons and complaint upon US Attorney 3/8/88 (je) (Entered: 03/15/1988)

March 14, 1988

March 14, 1988

6

MOTION by plaintiffs for protective order (je) (Entered: 03/15/1988)

March 14, 1988

March 14, 1988

7

MOTION by defendant INS, defendant ALAN C. NELSON, defendant EDWIN A. MEESE III to extend time to 4/11/88 to respond to pltf's motion for preliminary injunction ; exhibits (3) (je) (Entered: 03/17/1988)

March 16, 1988

March 16, 1988

8

REQUEST by plaintiff to present live testimony (je) (Entered: 03/17/1988)

March 16, 1988

March 16, 1988

9

ATTORNEY APPEARANCE for defendant INS, defendant ALAN C. NELSON, defendant EDWIN A. MEESE III by David J. Kline, Donald E. Keener CD/N (je) (Entered: 03/17/1988)

March 17, 1988

March 17, 1988

10

MEMORANDUM by plaintiff in opposition to motion to extend time to 4/11/88 to respond to pltf's motion for preliminary injunction [7-1] by EDWIN A. MEESE III, ALAN C. NELSON, INS (FIAT) SPORKIN, J. (je) (Entered: 03/18/1988)

March 18, 1988

March 18, 1988

11

MEMORANDUM by defendant EDWIN A. MEESE III, defendant ALAN C. NELSON, defendant INS in opposition to motion for protective order [6-1] by plaintiff (je) (Entered: 03/18/1988)

March 18, 1988

March 18, 1988

STATUS HEARING before Judge Stanley Sporkin : response to motion for preliminary injunction due by 3/23/88 , and status hearing for 10:30 3/25/88 reporter Beverly Byrne (je) (Entered: 03/22/1988)

March 18, 1988

March 18, 1988

13

MOTION by defendant INS, defendant ALAN C. NELSON, defendant EDWIN A. MEESE III to file excess pages limitation ; (exhibit--OPPOSITION) (je) (Entered: 03/24/1988)

March 24, 1988

March 24, 1988

14

MOTION by defendant INS, defendant ALAN C. NELSON, defendant EDWIN A. MEESE III for consideration of Court Order (je) (Entered: 03/24/1988)

March 24, 1988

March 24, 1988

MOTION HEARING for Eva Plaza to appear pro hac vice before Judge Stanley Sporkin : reporter Beverly Byrne (cjp) (Entered: 03/28/1988)

March 25, 1988

March 25, 1988

MOTION HEARING by plaintiff motion for preliminary injunction [3-1] taken under advisement before Judge Stanley Sporkin : reporter Beverly Byrne (cjp) (Entered: 03/28/1988)

March 25, 1988

March 25, 1988

15

ORDER by Judge Stanley Sporkin : granting motion to file excess pages limitation [13-1] (N) (cjp) (Entered: 03/28/1988)

March 25, 1988

March 25, 1988

16

MEMORANDUM by defendant INS, defendant ALAN C. NELSON, defendant EDWIN A. MEESE III in opposition to motion for preliminary injunction [3-1] by plaintiff; attachments (8) (cjp) (Entered: 03/28/1988)

March 25, 1988

March 25, 1988

17

MOTION by IRL for leave to file Amicus Curiae Brief EXHIBIT (brief) (cjp) (Entered: 03/28/1988)

March 25, 1988

March 25, 1988

18

REPLY MEMORANDUM by plaintiff in support of motion for preliminary injunction [3-1] by plaintiff; exhibits (5) (cjp) (Entered: 03/29/1988)

March 28, 1988

March 28, 1988

19

MOTION by defendant INS, defendant ALAN C. NELSON, defendant EDWIN A. MEESE III for leave to file post hearing memorandum EXHIBIT (memorandum) (cjp) (Entered: 03/29/1988)

March 28, 1988

March 28, 1988

20

MEMORANDUM OPINION by Judge Stanley Sporkin (N) (je) (Entered: 03/31/1988)

March 30, 1988

March 30, 1988

Clearinghouse
21

ORDER by Judge Stanley Sporkin : granting motion of pltfs for declaratory judgment; enjoining INS from certain action; directing INS to notice certain parties; directing defts to adopt certain measures easing filing requirements and retaining jurisdiction (N) (je) (Entered: 03/31/1988)

March 30, 1988

March 30, 1988

22

ORDER by Judge Stanley Sporkin : granting motion for leave to file post hearing memorandum [19-1] (N) (je) (Entered: 04/01/1988)

March 31, 1988

March 31, 1988

23

ORDER by Judge Stanley Sporkin : granting motion for leave to file Amicus Curiae Brief [17-1] (N) (je) (Entered: 04/01/1988)

March 31, 1988

March 31, 1988

24

MEMORANDUM (post-hearing) by defendant INS, defendant ALAN C. NELSON, defendant EDWIN A. MEESE III in opposition to motion for preliminary injunction [3-1] by plaintiff; attachments (3) (je) (Entered: 04/01/1988)

March 31, 1988

March 31, 1988

25

Brief by amicus IMMIGRATION REFORM in support of defts' opposition to pltfs motion for preliminary injunction; attachment (je) (Entered: 04/01/1988)

March 31, 1988

March 31, 1988

27

RESPONSE (OPPOSITIONS) to to file notice [26-1] by EDWIN A. MEESE III, ALAN C. NELSON, INS by plaintiffs; exhibit (je) (Entered: 04/06/1988)

April 5, 1988

April 5, 1988

STATUS HEARING before Judge Stanley Sporkin : oral motion of defts for a stay pending appeal heard and denied reporter Beverly Byrne (je) (Entered: 04/06/1988)

April 5, 1988

April 5, 1988

28

SUPPLEMENTAL to order [21-1] with respect to the precise meaning of the term "unlawful status was known to the Government" (N) SPORKIN, J. (je) (Entered: 04/06/1988)

April 6, 1988

April 6, 1988

29

SUPPLEMENTAL II to order [21-1] detailing notification by defts with instructions for reopening and reconsideration of certain applicant's cases and provision for extension of expired employment authorization (N) SPORKIN, J. (je) (Entered: 04/07/1988)

April 7, 1988

April 7, 1988

30

SUPPLEMENTAL III to order [21-1] granting motion of pltfs for summary judgment; enjoining deft INS from application of a certain phrase; denying motion of defts for a stay pending appeal; and directing defts to permit applicants to file up to the deadline without imposition of a filing fee (N) SPORKIN, J. (je) (Entered: 04/07/1988)

April 7, 1988

April 7, 1988

31

MOTION by Coalition for Fair Immigration Reform, One Stop Immigration, Hermandad Mexicana Nacional, American G.I. Forum, United California Mexican-American Association, Immigration Assistance Project of the Los Angeles County Federation of Labor, AFL-CIO, Washington Association of Churches, International Institute of the East Bay, Travelers and Immigrants Aid of Chicago, International Institute (San Francisco), and Chinese American Citizens Alliance to intervene (je) (Entered: 04/21/1988)

April 21, 1988

April 21, 1988

32

MOTION by plaintiffs for Michael Rubin to appear pro hac vice (admit additional co-counsel) (je) (Entered: 04/28/1988)

April 28, 1988

April 28, 1988

33

NOTICE OF FILING by plaintiffs of evidence of defts' failure to comply with the Court's Orders and renewal of request to toll 5/4/88 filing deadline; exhibits (6) (je) (Entered: 04/28/1988)

April 28, 1988

April 28, 1988

34

MEMORANDUM by defendant EDWIN A. MEESE III, defendant ALAN C. NELSON, defendant INS in opposition to motion to intervene [31-1]; attachment (je) (Entered: 04/28/1988)

April 28, 1988

April 28, 1988

STATUS HEARING before Judge Stanley Sporkin : oral motion of Carl A. Velestein, Esquire, attorney for pltfs to admit Michael Rubin, Esquire, attorney for applicant intervenors, pro hac vice, heard and granted. Additional status hearing for 10:00 4/29/88 , estoppel issue set for 4:00 5/2/88 reporter Beverly Byrne (je) (Entered: 04/29/1988)

April 28, 1988

April 28, 1988

35

ORDER by Judge Stanley Sporkin : granting motion for Michael Rubin to appear pro hac vice [32-1] by plaintiff (N) (je) (Entered: 04/29/1988)

April 28, 1988

April 28, 1988

37

MOTION by Intervenors to compel compliance and/or modify permanent injunction ; attachment; (EXHIBIT) (je) Modified on 05/03/1988 (Entered: 04/29/1988)

April 29, 1988

April 29, 1988

38

MEMORANDUM by defendant EDWIN A. MEESE III, defendant ALAN C. NELSON, defendant INS in opposition to motion to compel compliance and/or modify permanent injunction [37-1]; exhibits (7) (fiat) SPORKIN, J. (je) Modified on 05/03/1988 (Entered: 04/29/1988)

April 29, 1988

April 29, 1988

39

INTERVENOR'S COMPLAINT by against defendant EDWIN A. MEESE III, defendant ALAN C. NELSON, defendant INS (EXHIBIT) (je) (Entered: 04/29/1988)

April 29, 1988

April 29, 1988

40

NOTICE OF FILING by plaintiffs of additional declarations and affidavits; attachments (3) (je) (Entered: 04/29/1988)

April 29, 1988

April 29, 1988

Text not available. (Entered: 04/29/1988)

April 29, 1988

April 29, 1988

STATUS HEARING before Judge Stanley Sporkin : estoppel hearing for 9:00 5/2/88 reporter Beverly Byrne (je) (Entered: 04/29/1988)

April 29, 1988

April 29, 1988

41

REPLY by plaintiffs to response to motion to compel compliance and/or modify permanent injunction [37-1] (je) (Entered: 05/02/1988)

May 2, 1988

May 2, 1988

EVIDENTIARY HEARING begun and concluded. Oral motion of defts for a stay pending appeal heard and granted; Counsel for applicant intervenor withdrawing motion to intervene [31-1] before Judge Stanley Sporkin reporter Beverly Byrne (je) (Entered: 05/03/1988)

May 2, 1988

May 2, 1988

42

Supplemental ORDER IV by Judge Stanley Sporkin : (N) (je) (Entered: 05/03/1988)

May 2, 1988

May 2, 1988

43

Supplemental ORDER V by Judge Stanley Sporkin : (N) (je) (Entered: 05/03/1988)

May 2, 1988

May 2, 1988

STATUS HEARING before Judge Stanley Sporkin : reporter Beverly Byrne (je) (Entered: 05/05/1988)

May 4, 1988

May 4, 1988

44

Supplemental ORDER VI by Judge Stanley Sporkin : denying defts' oral motion for a stay pending appeal and directing deft INS to retain certain magnetic tapes (N) (je) (Entered: 05/05/1988)

May 4, 1988

May 4, 1988

45

Supplemental ORDER VII by Judge Stanley Sporkin : denying request of pltfs to toll the 5/4/88 deadline; directing defts to publicize the court's orders, give notification and retain noncompliance information; retaining jurisdiction by this court and denying defts oral motion to stay supplemental orders VI and VII (N) (je) (Entered: 05/05/1988)

May 4, 1988

May 4, 1988

46

NOTICE by plaintiffs of proposed measures to implement with order (je) (Entered: 05/12/1988)

May 11, 1988

May 11, 1988

48

NOTICE OF FILING by plaintiffs of proposed measures to implement order (je) (Entered: 05/20/1988)

May 19, 1988

May 19, 1988

49

REPLY by plaintiffs to opposition to motion for entry of supplemental order VIII [47-1] by INS, ALAN C. NELSON, EDWIN A. MEESE III (je) (Entered: 05/20/1988)

May 20, 1988

May 20, 1988

50

NOTICE OF FILING by defendant EDWIN A. MEESE III, defendant ALAN C. NELSON, defendant INS, amicus IMMIGRATION REFORM of evidence in compliance with Court's request (je) (Entered: 05/25/1988)

May 25, 1988

May 25, 1988

STATUS HEARING before Judge Stanley Sporkin : oral motion of pltf for a protective order regarding confidentiality and provision for filing under seal heard and granted; status hearing for 10:00 6/6/88 reporter Beverly Byrne (OTBP) (je) (Entered: 05/26/1988)

May 25, 1988

May 25, 1988

51

TRANSCRIPT filed for dates of 3/25/88; pp. 1-150; reporter Beverly J. Byrne (je) (Entered: 05/26/1988)

May 26, 1988

May 26, 1988

52

Declaration/AFFIDAVIT by defendant INS of Terrance M. O'Reilly; attachments (3) (FIAT) SPORKIN, J. (je) (Entered: 05/31/1988)

May 27, 1988

May 27, 1988

STATUS HEARING before Judge Stanley Sporkin : Motions and affidavits submitted in camera reporter Beverly Byrne (cjp) (Entered: 06/08/1988)

June 6, 1988

June 6, 1988

53

NOTICE OF FILING by defendant EDWIN A. MEESE III, defendant ALAN C. NELSON, defendant INS of compliance with Supplemental Order VI; declaration; attachments (3) (je) (Entered: 06/07/1988)

June 7, 1988

June 7, 1988

54

Supplemental ORDER VIII by Judge Stanley Sporkin (N) (je) (Entered: 06/09/1988)

June 9, 1988

June 9, 1988

55

Supplemntal ORDER IX by Judge Stanley Sporkin (N) (je) (Entered: 06/09/1988)

June 9, 1988

June 9, 1988

STATUS HEARING before Judge Stanley Sporkin : oral motion of defts to stay supplemental orders VIII and IX pending appeal heard and denied; reporter Beverly Byrne (je) (Entered: 06/10/1988)

June 10, 1988

June 10, 1988

56

MEMORANDUM by defendant EDWIN A. MEESE III, defendant ALAN C. NELSON, defendant INS in opposition to extension of time in which pltfs can file application for fees and costs under EAJA (FIAT) SPORKIN, J. (je) (Entered: 06/10/1988)

June 10, 1988

June 10, 1988

57

MOTIONS (10) by plaintiff AYUDA, INC. to permit filing of application for legalization ; attachments (14) "Let this be filed" (fiat) SPORKIN, J. (FILED UNDER SEAL IN ROOM 1800/VAULT) (je) Modified on 06/10/1988 (Entered: 06/10/1988)

June 10, 1988

June 10, 1988

58

MOTION by plaintiff AYUDA, INC. for interim award of costs and fees against EDWIN A. MEESE III, ALAN C. NELSON, INS ; attachment; declarations (13); exhibit (je) (Entered: 06/17/1988)

June 16, 1988

June 16, 1988

60

MOTION by defendant EDWIN A. MEESE III, defendant ALAN C. NELSON, defendant INS to vacate the orders permitting the remedial relief of submitting late applications ; attachments (3) (je) (Entered: 06/21/1988)

June 21, 1988

June 21, 1988

61

MOTION by defendant EDWIN A. MEESE III, defendant ALAN C. NELSON, defendant INS to stay remedial proceedings (je) (Entered: 06/23/1988)

June 22, 1988

June 22, 1988

62

MOTION by defendant EDWIN A. MEESE III, defendant ALAN C. NELSON, defendant INS to stay briefing and argument on pltf's motion for an interim award of fees and costs or in the alternative to extend time (je) (Entered: 06/23/1988)

June 22, 1988

June 22, 1988

63

TRANSCRIPT filed for dates of 4/28/88; pp. 1-57; reporter Beverly J. Byrne (je) (Entered: 06/23/1988)

June 23, 1988

June 23, 1988

64

TRANSCRIPT filed for dates of 5/4/88 reporter Beverly J. Byrne (je) (Entered: 06/23/1988)

June 23, 1988

June 23, 1988

65

MEMORANDUM by plaintiffs in opposition to motion to stay remedial proceedings [61-1] by INS, ALAN C. NELSON, EDWIN A. MEESE III (je) (Entered: 06/28/1988)

June 28, 1988

June 28, 1988

66

REPLY by defendant EDWIN A. MEESE III, defendant ALAN C. NELSON, defendant INS to response to motion to stay remedial proceedings [61-1] by INS, ALAN C. NELSON, EDWIN A. MEESE III; attachments (2) (je) (Entered: 06/30/1988)

June 29, 1988

June 29, 1988

67

MEMORANDUM by plaintiff in opposition to motion to vacate the orders permitting the remedial relief of submitting late applications [60-1] by INS, ALAN C. NELSON, EDWIN A. MEESE III; exhibit (je) (Entered: 07/06/1988)

July 1, 1988

July 1, 1988

68

NOTICE OF INTERLOCUTORY APPEAL by defendant EDWIN A. MEESE III, defendant ALAN C. NELSON, defendant INS from Orders entered 5/5/88; no fee paid/US Government. Copies mailed to Wayne H. Matelski, Cordia A. Strom. (je) Modified on 07/07/1988 (Entered: 07/07/1988)

July 5, 1988

July 5, 1988

TRANSMITTED PRELIMINARY RECORD on appeal [68-1] by INS, ALAN C. NELSON, EDWIN A. MEESE III to U.S. Court of Appeals (je) (Entered: 07/07/1988)

July 7, 1988

July 7, 1988

69

REPLY by defendant EDWIN A. MEESE III, defendant ALAN C. NELSON, defendant INS to response to motion to vacate the orders permitting the remedial relief of submitting late applications [60-1] by INS, ALAN C. NELSON, EDWIN A. MEESE III (je) (Entered: 07/08/1988)

July 8, 1988

July 8, 1988

70

MOTION by plaintiffs to compel compliance with Court's Order ; declaration; exhibit (je) (Entered: 07/11/1988)

July 8, 1988

July 8, 1988

71

NOTICE OF FILING by defendant EDWIN A. MEESE III, defendant ALAN C. NELSON, defendant INS of press release; attachment (je) (Entered: 07/12/1988)

July 11, 1988

July 11, 1988

80

ORDER by Judge Stanley Sporkin : granting motion to stay briefing and argument on pltf's motion for an interim award of fees and costs [62-1] by INS, ALAN C. NELSON, EDWIN A. MEESE III (N) (je) (Entered: 07/13/1988)

July 11, 1988

July 11, 1988

72

MOTION by defendant EDWIN A. MEESE III, defendant ALAN C. NELSON, defendant INS to stay Supplemental Order X pending appeal (je) (Entered: 07/12/1988)

July 12, 1988

July 12, 1988

79

NOTICE OF FILING by defendant EDWIN A. MEESE III, defendant ALAN C. NELSON, defendant INS pursuant to FRAP 10(b). USCA/N (ela) (Entered: 07/13/1988)

July 12, 1988

July 12, 1988

73

TRANSCRIPT filed for dates of 4/5/88; pp. 1-16; reporter Beverly J. Byrne (je) (Entered: 07/13/1988)

July 13, 1988

July 13, 1988

74

TRANSCRIPT filed for dates of 4/29/88; pp. 1-31; reporter Beverly J. Byrne (je) (Entered: 07/13/1988)

July 13, 1988

July 13, 1988

75

TRANSCRIPT filed for dates of 5/2/88; pp. 1-61; reporter Beverly J. Byrne (je) (Entered: 07/13/1988)

July 13, 1988

July 13, 1988

76

TRANSCRIPT filed for dates of 5/25/88; pp. 1-39; reporter Beverly J. Byrne (je) (Entered: 07/13/1988)

July 13, 1988

July 13, 1988

77

TRANSCRIPT filed for dates of 6/6/88; pp. 1-37; reporter Beverly J. Byrne (je) (Entered: 07/13/1988)

July 13, 1988

July 13, 1988

78

TRANSCRIPT filed for dates of 6/10/88; pp. 1-37; reporter Beverly J. Byrne (je) (Entered: 07/13/1988)

July 13, 1988

July 13, 1988

USCA# 88-5226 assigned for appeal [68-1] by EDWIN A. MEESE III, ALAN C. NELSON, INS (ela) (Entered: 07/19/1988)

July 19, 1988

July 19, 1988

81

MOTION by plaintiffs to hold defts in contempt , or, in the alternative to compel compliance with the court's orders ; affidavits (2) (je) (Entered: 07/25/1988)

July 21, 1988

July 21, 1988

82

RESPONSE by defendant EDWIN A. MEESE III, defendant ALAN C. NELSON, defendant INS motion to compel compliance with the court's orders [81-2] by plaintiffs; attachment (je) (Entered: 07/25/1988)

July 22, 1988

July 22, 1988

MOTION HEARING before Judge Stanley Sporkin : granted motion to vacate the orders permitting the remedial relief of submitting late applications [60-1] by EDWIN A. MEESE III, ALAN C. NELSON, INS, with the exception of the protective order; by plaintiff motion to hold deft in contempt [81-1] heard and held in abeyance; reporter Beverly Byrne (je) (Entered: 07/25/1988)

July 22, 1988

July 22, 1988

83

MEMORANDUM by defendant EDWIN A. MEESE III, defendant ALAN C. NELSON, defendant INS in opposition to motion to hold defts in contempt [81-1] by plaintiff, motion to compel compliance with the court's orders [81-2] by plaintiff; attachments (9); declaration (je) (Entered: 08/02/1988)

Aug. 1, 1988

Aug. 1, 1988

84

SUPPLEMENTAL MEMORANDUM to motion for interim award of costs and fees against EDWIN A. MEESE III, ALAN C. NELSON, INS [58-1] by AYUDA, INC.; affidavits (11) (je) (Entered: 08/02/1988)

Aug. 1, 1988

Aug. 1, 1988

85

MOTION by defendant EDWIN A. MEESE III, defendant ALAN C. NELSON, defendant INS for a 1292(B) Statement ; attachment (je) (Entered: 08/05/1988)

Aug. 5, 1988

Aug. 5, 1988

87

REPLY by plaintiffs to response to motion to hold defts in contempt [81-1] by plaintiffs (je) (Entered: 08/09/1988)

Aug. 8, 1988

Aug. 8, 1988

88

TRANSCRIPT filed for dates of 7/22/88; pp. 1-31; reporter Beverly Byrne (je) (Entered: 08/15/1988)

Aug. 15, 1988

Aug. 15, 1988

89

Supplemental ORDER X by Judge Stanley Sporkin : setting status hearing for 2:00 9/6/88 ; directing parting to submit agenda by 8/30/88 and extending all previously set deadlines. (N) (je) (Entered: 08/19/1988)

Aug. 18, 1988

Aug. 18, 1988

95

MEMORANDUM by plaintiff in opposition to motions to stay the special master mechanism of supplemental order X pending appeal [86-1] and for a 1292(B) Statement [85-1] by INS, ALAN C. NELSON, EDWIN A. MEESE III; exhibits (6) (je) (Entered: 09/06/1988)

Aug. 26, 1988

Aug. 26, 1988

90

MOTION by plaintiffs for reconsideration ; exhibits (4) (je) (Entered: 08/31/1988)

Aug. 31, 1988

Aug. 31, 1988

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: March 8, 1988

Closing Date: Sept. 6, 1996

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Non-immigrant aliens and organizations whose prime function is to perform immigration counseling challenging regulations by INS.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Washington Lawyers' Committee

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

United States, Federal

Case Details

Causes of Action:

Immigration Reform and Control Act of 1986 (IRCA)

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

Immigration/Border:

Admission - criteria

U.S. citizenship - acquiring