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

Clearinghouse coding complete

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…

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 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.

Summary Authors

Dan Dalton (11/13/2007)

People


Judge(s)

Hall, Cynthia Holcomb (California)

Thomas, Sidney Runyan (Montana)

Whaley, Robert H. (Washington)

Wilken, Claudia Ann (California)

Attorneys(s) 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)

Judge(s)

Hall, Cynthia Holcomb (California)

Thomas, Sidney Runyan (Montana)

Whaley, Robert H. (Washington)

Wilken, Claudia Ann (California)

Attorneys(s) 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)

Attorneys(s) 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)

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

167 F.3d 1228

Feb. 11, 1999

Feb. 11, 1999

Order/Opinion

97-15952

97-17156

Opinion

U. S. Court of Appeals for the Ninth Circuit

236 F.3d 1115

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

Resources

Docket

Last updated Aug. 9, 2022, 3:11 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

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

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

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

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

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

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

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

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

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

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

Case Details

Causes of Action:

42 U.S.C. § 1983

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2002 - None

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Deportation - criteria

Deportation - judicial review

Deportation - procedure