Case: Barahona-Gomez v. Reno

4:97-cv-00895 | U.S. District Court for the Northern District of California

Filed Date: March 14, 1997

Closed Date: 2006

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Case Summary

On March 14, 1997, the National Immigration Law Center, the Lawyers Committee For Civil Rights of San Francisco Bay Area and cooperating counsel filed a class action lawsuit in U.S. District Court for the Northern District of California, challenging directives of Executive Office for Immigration Review officials which implemented the Section 309(c) (5) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). When the IIRIRA took effect on April 1, 1997, it made ali…

When the IIRIRA took effect on April 1, 1997, it made aliens ineligible for suspension of deportation proceedings unless they had been continuously physically present in the United States for a period of seven (7) years at the time that they were served with the initial notice to appear for deportation proceedings. The IIRIRA also imposed a 4,000 person annual cap on the number of suspensions of deportation that could be granted. Thus, after April 1, 1997, some aliens who had satisfied the 7 year continuous physical presence requirement were no longer eligible for suspension of deportation because the time period was calculated differently. Also, because of the 4000 annual limit, many applicants would have qualified for deportation suspension prior to the April 1, 1997 law change, would be deported.

In anticipation of the IIRIRA taking effect, Immigration Review officials issued directives which prohibited immigration judges and the Board of Immigration Appeals from granting suspension of deportation during the period between February 13 and April 1, 1997.) Plaintiffs challenged those directives and sought injunctive relief, as well as class certification.

Following a hearing on March 27, 1997, the District Court (Judge Claudia Wilken) provisionally certified a class of individuals who may have been ordered deported after being denied suspension based on IIRIRA section 309(c)(5) and entered a preliminary injunction which stayed the deportation of all class members.

After IIRIRA took effect on April 1, 1997, the government moved to vacate the preliminary injunction on the basis that the district court had lost subject matter jurisdiction pursuant to the provisions of the IIRIRA. The motion to dismiss was denied and the defendants appealed. The District Court modified the preliminary injunction on September 17, 1997, over the objection of defendants. That order was also appealed.

The Ninth Circuit Court of Appeals (Circuit Judge Thomas) affirmed. Barahona-Gomez v. Reno, 167 F.3d 1228 (9th Cir. 1999). The case was remanded for further proceedings and for reexamination in light of the Nicaraguan Adjustment and Central American Relief Act ("NACARA"), which was passed while the case was on appeal. The NACARA amended Section 309(c)(5) of the IIRIRA and created special rules regarding applications for suspension of deportation by certain citizens of Guatemala, El Salvador, and certain former Soviet countries.

After the appellate decision, the Supreme Court issued its opinion in Reno v. American-Arab Anti-Discrimination Committee, 525 U.S. 471, 119 S.Ct. 936, 142 L.Ed.2d 940 (1999) [IM-CA-22] (examining the exclusive jurisdiction clause of IIRIRA). The Ninth Circuit requesting supplemental briefing from the parties to address what impact, if any, the Supreme Court decision had on the case. The Ninth Circuit issued a supplemental opinion, reaffirming the case and holding that that exclusive jurisdiction provision of IIRIRA did not deprive the district court of jurisdiction. Barahona-Gomez v. Reno, 236 F.3d 1115 (9th Cir. 2001).

After the appeals process, the parties engaged in settlement negotiations. A settlement was reached and was submitted to the Court for approval. Following notice to the class members and a fairness hearing, the District Court (Judge Wilken) approved the class action settlement by order dated December 12, 2002. Under the terms of the settlement, eligible class members who could have been granted suspension during the period between Feb. 13 and Apr. 1, 1997, before the IIRIRA took effect, were to be given the opportunity to apply for "renewed suspension" under the standards that existed prior to Apr. 1, 1997.

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Summary Authors

Dan Dalton (11/13/2007)

People

Judge(s)

Hall, Cynthia Holcomb (California)

Attorney for Plaintiff

Joaquin, Linton (California)

Attorney for Defendant

Burton, Jocelyn (California)

Gluck, Michelle (District of Columbia)

Hunger, Frank W. (District of Columbia)

Judge(s)

Hall, Cynthia Holcomb (California)

Thomas, Sidney Runyan (Montana)

Whaley, Robert H. (Washington)

Wilken, Claudia Ann (California)

Attorney for Plaintiff

Joaquin, Linton (California)

Jobe, Robert B. (California)

Nightingale, Zachary M. (California)

Rubin, Robert J. (California)

Ungar, Don (California)

Van Der Hout, Marc (California)

Attorney for Defendant

Burton, Jocelyn (California)

Gluck, Michelle (District of Columbia)

Hunger, Frank W. (District of Columbia)

Kamlet, Susan L. (District of Columbia)

McConnell, David M. (District of Columbia)

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Documents in the Clearinghouse

	Document
4:97-cv-00895	Docket [PACER]	Oct. 18, 2006	Oct. 18, 2006 Docket
97-15952 97-01715	Opinion U. S. Court of Appeals for the Ninth Circuit	Feb. 11, 1999	Feb. 11, 1999 Order/Opinion
97-15952 97-17156	Opinion U. S. Court of Appeals for the Ninth Circuit	Jan. 10, 2001	Jan. 10, 2001 Order/Opinion
4:97-cv-00895	Notice of Proposed Settlement of Class Action Case Barahona-Gomez v. Ashcroft U.S. District Court for the Central District of California	Sept. 13, 2002	Sept. 13, 2002 Notice Letter
4:97-cv-00895	Class Action Settlement Advisory Statement Barahona-Gomez v. Ashcroft No Court	Oct. 1, 2002	Oct. 1, 2002 Press Release
156 4:97-cv-00895	Settlement Agreement Barahona-Gomez v. Ashcroft	Dec. 18, 2002	Dec. 18, 2002 Settlement Agreement

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Docket

Last updated July 2, 2023, 3:12 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT: Summons(es) issued; Fee status pd entered on 3/14/97 in the amount of $ 150.00 ( Receipt No. 126664) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/19/1997)	March 14, 1997	March 14, 1997
3	MOTION before Judge Claudia Wilken by Plaintiff for temporary restraining order , and for order to show cause re: preliminary injunction [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/19/1997)	March 14, 1997	March 14, 1997
4	DECLARATION by Zachary M. Nightengale on behalf of Plaintiff re motion for temporary restraining order [3-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/19/1997)	March 14, 1997	March 14, 1997
5	MOTION before Judge Claudia Wilken by Plaintiff to exceed page limitation for points & authorities in support of application for tro [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/19/1997)	March 14, 1997	March 14, 1997
6	PROOF OF SERVICE by Plaintiff of document received [0-0], motion to exceed page limitation for points & authorities in support of application for tro [5-1], declaration [4-1], motion for temporary restraining order [3-1], motion for order to show cause re: preliminary injunction [3-2], schedule order [2-1], complaint [1-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/19/1997)	March 14, 1997	March 14, 1997
	RECEIVED points & authorities in support of application for tro and order to show submitted by Plaintiffs re: [5-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/19/1997)	March 14, 1997	March 14, 1997
7	DECLARATION by Susan L. Kamlet on behalf of defendants [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/19/1997)	March 17, 1997	March 17, 1997
8	Motion and ORDER by Judge Claudia Wilken to exceed page limitation on defendant's opposition to plaintiffs' motion for tro Date Entered: 3/20/97) (cc: all counsel) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/20/1997)	March 18, 1997	March 18, 1997
9	OPPOSITION by defendants to motion for temporary restraining order [3-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/20/1997)	March 18, 1997	March 18, 1997
10	AMENDMENT by Plaintiffs to motion for temporary restraining order [3-1], motion for order to show cause re: preliminary injunction [3-2] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/21/1997)	March 19, 1997	March 19, 1997
11	AMENDED COMPLAINT [1-1] by Plaintiffs; adding Marta Aguilar [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/21/1997)	March 19, 1997	March 19, 1997
12	PROOF OF SERVICE by Plaintiffs of complaint [11-1], amend [10-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/21/1997)	March 19, 1997	March 19, 1997
13	EX-PARTE APPLICATION before Judge Claudia Wilken by Plaintiffs for class certification [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/21/1997)	March 19, 1997	March 19, 1997
16	Motion and ORDER by Judge Claudia Wilken to accept late filing of plaintiffs' reply brief in support of application for temporary order ( Date Entered: 3/26/97) (cc: all counsel) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/26/1997)	March 19, 1997	March 19, 1997
17	REPLY by Plaintiffs re motion for temporary restraining order [3-1], re motion for order to show cause re: preliminary injunction [3-2] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/26/1997)	March 19, 1997	March 19, 1997
15	ORDER by Judge Claudia Wilken granting motion for temporary restraining order [3-1], granting motion for order to show cause re: preliminary injunction [3-2] Order to Show Cause hearing set for 2:00 3/26/97 ; ( Date Entered: 3/24/97) (cc: all counsel) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/24/1997)	March 21, 1997	March 21, 1997
18	MOTION before Judge Claudia Wilken by defendant to exceed page limitation on opposition to plaintiffs' request for provisional calss certification with Notice set for 3/27/97 at 10:00am [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/28/1997)	March 25, 1997	March 25, 1997
19	AMENDMENT by Plaintiff to motion for class certification [13-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/28/1997)	March 25, 1997	March 25, 1997
20	DECLARATION by Marc Van Der Hout on behalf of Plaintiffs [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/28/1997)	March 25, 1997	March 25, 1997
21	DECLARATION by Donald Ungar on behalf of Plaintiffs [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/28/1997)	March 25, 1997	March 25, 1997
22	MOTION before Judge Claudia Wilken by Plaintiff to exceed page limitation for points & authorities in support of exparte motion for class certification with Notice set for [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/28/1997)	March 25, 1997	March 25, 1997
23	NOTICE by Plaintiffs of filing of declaration of Robert B. Jobe [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/28/1997)	March 25, 1997	March 25, 1997
24	DECLARATION by Robert B. Jobe on behalf of Plaintiffs [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/28/1997)	March 25, 1997	March 25, 1997
25	PROOF OF SERVICE by Plaintiffs of declaration [24-1], notice [23-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/28/1997)	March 25, 1997	March 25, 1997
26	PROOF OF SERVICE by Plaintiffs of 1st amended exparte request for class certification (see document for more) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/28/1997)	March 25, 1997	March 25, 1997
27	EX-PARTE APPLICATION before Judge Claudia Wilken by Plaintiff to amend temporary restraining order to include plaintiff Marta Aguilar [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/01/1997)	March 26, 1997	March 26, 1997
28	REPLY by Plaintiffs to opposition to motion for class certification [13-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/01/1997)	March 26, 1997	March 26, 1997
29	RESPONSE by Plaintiffs re order [15-2], re opposition [9-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/01/1997)	March 26, 1997	March 26, 1997
30	PROOF OF SERVICE by Plaintiff of motion to amend temporary restraining order to include plaintiff Marta Aguilar [27-1], motion reply [28-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/01/1997)	March 26, 1997	March 26, 1997
32	OPPOSITION by defendants to motion for class certification [13-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/01/1997)	March 26, 1997	March 26, 1997
38	MEMORANDUM by Plaintiff in support of motion for class certification [13-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/02/1997)	March 26, 1997	March 26, 1997
33	MINUTES: ( C/R Carol Karen) that the motion for class certification [13-1] is submitted, that the motion for order to show cause re: preliminary injunction [3-2] is submitted [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/01/1997)	March 27, 1997	March 27, 1997
34	ORDER by Judge Claudia Wilken granting motion to amend temporary restraining order to include plaintiff Marta Aguilar [27-1] ( Date Entered: 4/1/97) (cc: all counsel) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/01/1997)	March 27, 1997	March 27, 1997
35	ORDER by Judge Claudia Wilken extending temporary restraining order to remain in effect pending futher order of this court, for a period not to exceed ten court days from the entry of the temporary restraining order ( Date Entered: 4/1/97) (cc: all counsel) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/01/1997)	March 27, 1997	March 27, 1997
36	ORDER by Judge Claudia Wilken granting in part motion for class certification [13-1]; granting in part motion for preliminary injunction; denying request for a stay pending appeal; plaintiffs shall post $1,000 bond for the preliminary injunction ( Date Entered: 4/1/97) (cc: all counsel) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/01/1997)	March 28, 1997	March 28, 1997
37	NOTICE by defendant of defendants' filing of original declarations [4:97-cv-00895] (kk, COURT STAFF) (Entered: 04/01/1997)	March 28, 1997	March 28, 1997
39	MOTION before Judge Claudia Wilken by defendants to vacate injunction and to dismiss complaint for lack of jurisdiction with Notice set for 4/25/97 at 10:30am [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/03/1997)	April 3, 1997	April 3, 1997
40	STIPULATION and ORDER by Judge Claudia Wilken : to shorten time for briefing and hearing on motion to amend injunction and on motion to vacate injunction and to dismiss complaint for lack of jurisdiction [39-1] to 4/25/97 at 10:30am (cc: all counsel) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/08/1997)	April 7, 1997	April 7, 1997
41	MOTION before Judge Claudia Wilken by Plaintiff to amend preliminary injunction with Notice set for 4/25/97 at 10:30am [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/09/1997)	April 8, 1997	April 8, 1997
42	MEMORANDUM by Plaintiffs in support of motion to amend preliminary injunction [41-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/09/1997)	April 8, 1997	April 8, 1997
43	PROOF OF SERVICE by Plaintiffs of memorandum [42-1], motion to amend preliminary injunction [41-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/09/1997)	April 8, 1997	April 8, 1997
45	MOTION before Judge Claudia Wilken by Plaintiff to exceed page limitation re: opposition to defendants' mtoion to vacate and dismiss [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/15/1997)	April 14, 1997	April 14, 1997
46	PROOF OF SERVICE by Plaintiffs of motion to exceed page limitation re: opposition to defendants' mtoion to vacate and dismiss [45-1] and opposition to motion to vacate and dismiss [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/15/1997)	April 14, 1997	April 14, 1997
47	OPPOSITION by defendants to motion to amend preliminary injunction [41-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/15/1997)	April 14, 1997	April 14, 1997
48	ORDER by Judge Claudia Wilken granting motion to exceed page limitation re: opposition to defendants' motion to vacate and dismiss [45-1] ( Date Entered: 4/17/97) (cc: all counsel) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/17/1997)	April 16, 1997	April 16, 1997
49	OPPOSITION by Plaintiffs to motion to vacate injunction and to dismiss complaint for lack of jurisdiction [39-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/17/1997)	April 16, 1997	April 16, 1997
50	MOTION before Judge Claudia Wilken by Plaintiff to exceed page limitation on reply in support of motion to amend preliminary injunction [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/22/1997)	April 18, 1997	April 18, 1997
53	PROOF OF SERVICE by Plaintiffs of motion reply [52-1], order [51-1], motion to exceed page limitation on reply in support of motion to amend preliminary injunction [50-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/22/1997)	April 18, 1997	April 18, 1997
54	PROOF OF SERVICE by Plaintiffs of order [48-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/22/1997)	April 18, 1997	April 18, 1997
51	ORDER by Judge Claudia Wilken granting motion to exceed page limitation on reply in support of motion to amend preliminary injunction [50-1] ( Date Entered: 4/22/97) (cc: all counsel) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/22/1997)	April 21, 1997	April 21, 1997
52	REPLY by Plaintiffs to motion to amend preliminary injunction [41-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/22/1997)	April 21, 1997	April 21, 1997
55	MOTION before Judge Claudia Wilken by defendants to exceed page limitation re: reply memorandum in support of motion to vacate injunction and dismiss complaint with Notice set for 4/25/97 at 10:30am [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/22/1997)	April 21, 1997	April 21, 1997
56	ORDER by Judge Claudia Wilken granting motion to exceed page limitation re: reply memorandum in support of motion to vacate injunction and dismiss complaint [55-1] ( Date Entered: 4/28/97) (cc: all counsel) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/28/1997)	April 21, 1997	April 21, 1997
57	REPLY by defendant Janet Reno, defendant Executive Office, defendant Michael Creppy, defendant Paul Schmidt to opposition to motion to vacate injunction and to dismiss complaint for lack of jurisdiction [39-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/28/1997)	April 21, 1997	April 21, 1997
58	NOTICE by Plaintiffs of posting bond [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/02/1997)	April 25, 1997	April 25, 1997
59	PROOF OF SERVICE by Plaintiff of notice [58-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/02/1997)	April 25, 1997	April 25, 1997
61	MINUTES: ( C/R Carol Karen) that the motion to amend preliminary injunction [41-1] is submitted, denying motion to vacate injunction and to dismiss complaint for lack of jurisdiction [39-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/05/1997)	April 25, 1997	April 25, 1997
60	PROOF OF SERVICE by defendant of order [56-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/02/1997)	April 28, 1997	April 28, 1997
71	EX-PARTE APPLICATION before Judge Claudia Wilken by defendant for leave to file statement of recent decision [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/28/1997)	May 2, 1997	May 2, 1997
62	ORDER by Judge Claudia Wilken granting motion to vacate injunction and to dismiss complaint for lack of jurisdiction [39-1] ( Date Entered: 5/7/97) (cc: all counsel) [4:97-cv-00895] (oh, COURT STAFF) (Entered: 05/12/1997)	May 7, 1997	May 7, 1997
72	LETTER from David M. McConnell re: ninth circuit decision [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/28/1997)	May 7, 1997	May 7, 1997
63	ORDER by Judge Claudia Wilken Ruling on motion to amend preliminary injunction [41-1] is deferred; DENYING motion to vacate injunction and to dismiss complaint for lack of jurisdiction [39-1]; ( Date Entered: 5/13/97) (cc: all counsel) [4:97-cv-00895] (kc, COURT STAFF) (Entered: 05/13/1997)	May 9, 1997	May 9, 1997
64	REPORTER'S TRANSCRIPT; Date of proceedings: 4/25/97 ( C/R: Carol A. Karen) minutes [61-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/14/1997)	May 13, 1997	May 13, 1997
65	STIPULATION and ORDER by Judge Claudia Wilken : continuing case management conference for 1:30 6/27/97 ; (cc: all counsel) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/22/1997)	May 20, 1997	May 20, 1997
66	SUBMISSION by Plaintiffs re: proposed modification of injunction pursuant to the court's order of 5/9/97 [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/28/1997)	May 23, 1997	May 23, 1997
67	PROOF OF SERVICE by Plaintiff of submission [66-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/28/1997)	May 23, 1997	May 23, 1997
68	ANSWER by defendants to complaint [11-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/28/1997)	May 23, 1997	May 23, 1997
69	PROPOSED AMENDMENT by defendants to preliminary injunction [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/28/1997)	May 23, 1997	May 23, 1997
70	NOTICE OF APPEAL by defendants from Dist. Court decision order [63-1], order [36-1] Fee status exempt [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/28/1997)	May 23, 1997	May 23, 1997
73	JOINT MOTION before Judge Claudia Wilken by Plaintiff, defendant to accept late filing of joint submission [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/29/1997)	May 27, 1997	May 27, 1997
	RECEIVED proposed order submitted by Plaintiff re: [73-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/29/1997)	May 27, 1997	May 27, 1997
	RECEIVED JOINT SUBMISSION submitted by Plaintiff, defendant [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/29/1997)	May 27, 1997	May 27, 1997
74	ORDER by Judge Claudia Wilken granting motion to accept late filing of joint submission [73-1] ( Date Entered: 6/3/97) (cc: all counsel) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 06/03/1997)	May 28, 1997	May 28, 1997
75	JOINT SUBMISSION pursuant to court's 5/9/97 order [4:97-cv-00895] (cp, COURT STAFF) (Entered: 06/03/1997)	May 28, 1997	May 28, 1997
	Docket fee notification form and case information sheet to USCA [70-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/28/1997)	May 28, 1997	May 28, 1997
	Copy of notice of appeal and docket sheet to all counsel [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/28/1997)	May 28, 1997	May 28, 1997
76	OPPOSITION by Plaintiffs to amendments to preliminary injunction [69-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 06/03/1997)	May 30, 1997	May 30, 1997
77	OPPOSITION by defendants to motion to amend preliminary injunction [41-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 06/03/1997)	May 30, 1997	May 30, 1997
78	PROOF OF SERVICE by Plaintiff of opposition [76-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 06/03/1997)	May 30, 1997	May 30, 1997
79	TRANSCRIPT DESIGNATION and Ordering Form filed by defendants; not designating transcripts ; appeal [70-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 06/03/1997)	May 30, 1997	May 30, 1997
80	STATEMENT of issues to be presented on appeal by defendants [4:97-cv-00895] (cp, COURT STAFF) (Entered: 06/04/1997)	June 2, 1997	June 2, 1997
81	CERTIFICATE required by rule 10(b) (1) by defendants [4:97-cv-00895] (cp, COURT STAFF) (Entered: 06/04/1997)	June 2, 1997	June 2, 1997
	NOTIFICATION by Circuit Court of Appellate Docket Number 97-15952 [4:97-cv-00895] (cp, COURT STAFF) (Entered: 06/05/1997)	June 4, 1997	June 4, 1997
82	JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [4:97-cv-00895] (cp, COURT STAFF) (Entered: 06/16/1997)	June 13, 1997	June 13, 1997
83	REPORTER'S TRANSCRIPT; Date of proceedings: 3/20/97 ( C/R: Carol A. Karen) minutes [14-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 06/17/1997)	June 16, 1997	June 16, 1997
84	REPORTER'S TRANSCRIPT; Date of proceedings: 3/27/97 ( C/R: Carol A. Karen) minutes [33-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 06/17/1997)	June 16, 1997	June 16, 1997
	CERTIFICATE of Record mailed to USCA, counsel notified. [4:97-cv-00895] (cp, COURT STAFF) (Entered: 06/26/1997)	June 26, 1997	June 26, 1997
86	ORDER by Judge Claudia Wilken granting in part motion to amend preliminary injunction [41-1] See document for amendments ( Date Entered: 9/19/97) (cc: all counsel) [4:97-cv-00895] (kk, COURT STAFF) (Entered: 09/19/1997)	Sept. 17, 1997	Sept. 17, 1997
87	NOTICE OF APPEAL by defendants from Dist. Court decision order [86-1] Fee status exempt [4:97-cv-00895] (cp, COURT STAFF) Modified on 05/05/1999 (Entered: 11/17/1997)	Nov. 14, 1997	Nov. 14, 1997
	Copy of notice of appeal and docket sheet to all counsel [4:97-cv-00895] (cp, COURT STAFF) (Entered: 11/17/1997)	Nov. 17, 1997	Nov. 17, 1997
	Docket fee notification form and case information sheet to USCA [87-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 11/17/1997)	Nov. 17, 1997	Nov. 17, 1997
88	TRANSCRIPT DESIGNATION and Ordering Form filed by defendant for dates NOT DESIGNATING ; C/R: ; appeal [87-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 11/24/1997)	Nov. 21, 1997	Nov. 21, 1997
89	CERTIFICATE by defendants required by FRAP, rule 10 (b)(1) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 11/24/1997)	Nov. 24, 1997	Nov. 24, 1997
90	STATEMENT of issues to be presented on appeal by defendants [4:97-cv-00895] (cp, COURT STAFF) (Entered: 11/24/1997)	Nov. 24, 1997	Nov. 24, 1997
	NOTIFICATION by Circuit Court of Appellate Docket Number 97-17156 [4:97-cv-00895] (cp, COURT STAFF) (Entered: 12/01/1997)	Nov. 24, 1997	Nov. 24, 1997
91	SUPPLEMENTAL JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [4:97-cv-00895] (cp, COURT STAFF) (Entered: 12/11/1997)	Dec. 9, 1997	Dec. 9, 1997
92	ORDER by Judge Claudia Wilken Case Management Conference is continued at 1:30 4/17/98; updated supplement join case management statement is due ten days prior to the conference ( Date Entered: 12/15/97) (cc: all counsel) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 12/15/1997)	Dec. 10, 1997	Dec. 10, 1997
93	COPY of USCA Order: re: modification of 12/10/97 order, second paragraph, scheduling [4:97-cv-00895] (cp, COURT STAFF) (Entered: 12/23/1997)	Dec. 18, 1997	Dec. 18, 1997
	RECORD on Appeal to USCA, cnsl notified. re appeal [70-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/05/1998)	March 5, 1998	March 5, 1998
94	RECEIPT from USCA of clerk's record on appeal, [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/10/1998)	March 9, 1998	March 9, 1998

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Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: March 14, 1997

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All individuals who could have been granted suspension of deportation during the period between Feb. 13 and Apr. 1, 1997, before the IIRIRA took effect.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Immigration Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Attorney General of the United States, Federal

Executive Office for Immigration Review, Federal

Board of Immigration Appeals, Federal