Case: Cardoso v. Reno

3:98-cv-01181 | U.S. District Court for the Northern District of Texas

Filed Date: May 18, 1998

Closed Date: 2000

Clearinghouse coding complete

Case Summary

On May 18, 1998, three aliens from Mexico filed a class action suit in the U.S. District Court for the Northern District of Texas, alleging that the U.S. Attorney General violated a number of federal immigration statutes. Plaintiffs sought declaratory and injunctive relief requiring the Attorney General to "(a) allow them to remain in the United States, (b) issue work authorization and, when a visa is available to them (c) allow them to adjust status in the United States."The government moved t…

On May 18, 1998, three aliens from Mexico filed a class action suit in the U.S. District Court for the Northern District of Texas, alleging that the U.S. Attorney General violated a number of federal immigration statutes. Plaintiffs sought declaratory and injunctive relief requiring the Attorney General to "(a) allow them to remain in the United States, (b) issue work authorization and, when a visa is available to them (c) allow them to adjust status in the United States."

The government moved to dismiss on jurisdictional grounds and failure to state a claim.

On March 2, 1999, Magistrate Judge Paul Stickney issued a report which recommended that the defendant's motion to dismiss the case be granted, and that the plaintiff's complaint be dismissed. The District Court (Judge Jerry Buchmeyer) adopted the magistrate's recommendations and dismissed the case, stating that 8 U.S.C. § 1252(g) deprived the court of jurisdiction to review the case, and that plaintiffs had failed to state a legal basis for their claims. Plaintiffs appealed. The U.S. Court of Appeals for the Fifth Circuit (Judge W. Eugene Davis) affirmed. Cardoso v. Reno, 216 F.3d 512 (5th Cir. 2000).

Summary Authors

Erica Woodruff (8/3/2007)

People


Judge(s)

Buchmeyer, Jerry (Texas)

Davis, W. Eugene (Louisiana)

Politz, Henry Anthony (Louisiana)

Restani, Jane A. (New York)

Attorneys(s) for Plaintiff

Maldonado, Ernesto (Texas)

Attorneys(s) for Defendant

Evans, Richard M. (District of Columbia)

Guyton, Marion Edward (District of Columbia)

Reynolds, James Thomas (Texas)

Judge(s)

Buchmeyer, Jerry (Texas)

Davis, W. Eugene (Louisiana)

Politz, Henry Anthony (Louisiana)

Restani, Jane A. (New York)

Attorneys(s) for Plaintiff

Maldonado, Ernesto (Texas)

Attorneys(s) for Defendant

Evans, Richard M. (District of Columbia)

Guyton, Marion Edward (District of Columbia)

Reynolds, James Thomas (Texas)

Documents in the Clearinghouse

Document

Appellate Docket

U. S. Court of Appeals for the Fifth Circuit

March 29, 1999 Docket

Docket (PACER)

Cardoso v. US Attorney General

Sept. 18, 2000 Docket

Opinion

U. S. Court of Appeals for the Fifth Circuit

216 F.3d 512, 2000 U.S.App.LEXIS 15861

July 11, 2000 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed; Filing Fee $ 150.00 Receipt # 101134 (31) (alh) (Entered: 05/19/1998)

May 18, 1998

PRELIMINARY ASSIGNMENT TO Magistrate Judge Paul Stickney (alh) (Entered: 05/19/1998)

May 18, 1998
2

SUMMONS(ES) issued for defendant US Attorney General, US Atty (ISS-2) (alh) (Entered: 05/19/1998)

May 18, 1998
3

MOTION by defendant US Attorney General to extend time (4) (jrb) (Entered: 07/02/1998)

July 1, 1998
4

ORDER granting [3-1] motion to extend time set answer due for 8/19/98 for US Attorney General ( signed by JBuchmeyer) Copies to counsel: 07/16/98 Page(s) 1 (lag) (Entered: 07/16/1998)

July 15, 1998
5

Letter to Judge Buchmeyer by defendant US Attorney General...re: plaintiff will not be deported on or before 8/19/98. (2) (jrb) (Entered: 07/16/1998)

July 15, 1998
6

MOTION with memorandum in support by defendant US Attorney General to dismiss (11) (jrb) (Entered: 08/20/1998)

Aug. 19, 1998
7

ORDER OF REFERENCE: [6-1] motion to dismiss referred to Magistrate Judge Paul D. Stickney ( Signed by JB) Copies to counsel: 08/21/98 Page(s): 1 (akk) (Entered: 08/21/1998)

Aug. 20, 1998
8

MEMORANDUM by plaintiff Florentina Cardoso, plaintiff Aurora Moran, plaintiff Arturo Martinez in opposition to [6-1] motion to dismiss (15+) (djd) (Entered: 09/15/1998)

Sept. 14, 1998
10

REPLY by defendant US Attorney General to response to [6-1] motion to dismiss (15+) (djd) (Entered: 10/05/1998)

Oct. 2, 1998
11

RESPONSE by plaintiff Florentina Cardoso, plaintiff Aurora Moran, plaintiff Arturo Martinez in opposition to [9-1] motion to strike [8-1] opposition memorandum to defendant's motion to dismiss (3) (svc) (Entered: 10/27/1998)

Oct. 26, 1998
12

FINDINGS, CONCLUSIONS AND RECOMMENDATIONS of Magistrate Judge Paul D. Stickney Re: [6-1] motion to dismiss; the Court recommends that Respondent's motion to dismiss be granted and that plaintiff's complaint be dismissed. Motion no longer referred Objections to F and R due by 3/15/99 (djd) (Entered: 03/03/1999)

March 2, 1999
13

OBJECTION by plaintiff Florentina Cardoso, plaintiff Aurora Moran, plaintiff Arturo Martinez to [12-1] findings & recommendations of Magistrate Judge and request for leave to file amended complaint (15+) (djd) (Entered: 03/15/1999)

March 15, 1999
14

ORDER ADOPTING [12-1] findings & recommendations ( Signed by Judge Buchmeyer) Copies to counsel: 3/19/99 Page(s): 1 (jas) (Entered: 03/19/1999)

March 18, 1999
15

JUDGMENT/Ordered that respondent's mtn to dismiss is granted and petitioner's complaint is dismissed (signed by Judge Buchmeyer) Copies to counsel: 3/19/99 Page(s): 1 (jas) (Entered: 03/19/1999)

March 18, 1999

Case closed (jas) (Entered: 03/19/1999)

March 18, 1999
16

NOTICE OF APPEAL by plaintiff Florentina Cardoso, plaintiff Aurora Moran, plaintiff Arturo Martinez . Fee payment amount: $105.00 Receipt # 111164 Appeal record due on 4/12/99 (djd) (Entered: 03/26/1999)

March 26, 1999
17

Transcript order form signed by Ernesto Maldonado: Transcript not requested [16-1] appeal ; no hearing held (1) (ple) (Entered: 04/01/1999)

April 1, 1999

USCA Case Number, 99-10316 Re: [16-1] appeal (lch) (Entered: 04/05/1999)

April 1, 1999
18

ORDER denying [13-1] objection to recommendations and request for leave to file amended complaint filed on 3/15/99 ( signed by JB) Copies to counsel: 4/8/99 Page(s) 1 (djd) (Entered: 04/08/1999)

April 7, 1999

Transmitted record on appeal to U.S. Court of Appeals: [16-1] appeal consisting of 1 vol case papers (ple) (Entered: 04/20/1999)

April 20, 1999
19

OPINION OF USCA ... District Court Judgment is affirmed (certified copy) in accordance with USCA judgment re: [16-1] appeal (16) cc:Judge (jmr) (Entered: 09/08/2000)

Sept. 7, 2000
20

JUDGMENT OF USCA ... Judgment of District Court is affirmed (certified copy) Re: [16-1] appeal Issued as mandate on 9/5/00 (1) cc:Judge (jmr) (Entered: 09/08/2000)

Sept. 7, 2000

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: May 18, 1998

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three illegal aliens wanting the Attorney General to adjust their immigration status, permit them to remain in the U.S. and provide them with work authorization.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Immigration & Naturalization Service, Federal

United States Department of Justice, Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Immigration/Border:

Constitutional rights

Deportation - judicial review

Employment

Status/Classification

Undocumented immigrants - rights and duties

Work authorization - criteria

Work authorization - procedures