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Case: Catholic Social Services v. Ashcroft

2:86-cv-01343 | U.S. District Court for the Eastern District of California

Filed Date: Nov. 12, 1986

Closed Date: Aug. 29, 2014

Clearinghouse coding complete

Case Summary

On Nov. 12, 1986, Catholic Social Services filed this class action lawsuit in the U.S. District Court for the Eastern District of California, challenging the Immigration and Naturalization Service's ("INS") interpretation of the Immigration Reform and Control Act of 1986 ("IRCA"). This case was one of three "late amnesty cases" filed in the federal courts in California against the INS. The other two case were Zambrano v. INS, S-88-455 EJG (E.D.Cal.) [IM-CA-0008 of this collection] and LULAC v…

On Nov. 12, 1986, Catholic Social Services filed this class action lawsuit in the U.S. District Court for the Eastern District of California, challenging the Immigration and Naturalization Service's ("INS") interpretation of the Immigration Reform and Control Act of 1986 ("IRCA"). This case was one of three "late amnesty cases" filed in the federal courts in California against the INS. The other two case were Zambrano v. INS, S-88-455 EJG (E.D.Cal.) [IM-CA-0008 of this collection] and LULAC v. INS; 2:87-cv-04757-WDK-CW (C.D.Cal.) [IM-CA-0019].

The IRCA established a one-time only amnesty program through which noncitizens could apply for lawful temporary resident status and then, after a one-year waiting period, apply for permanent residency. 8 U.S.C. §1255a. To qualify for this program, the noncitizen must have been in the United States since Jan. 1, 1982, and must have been continuously physically present in the United States except for ''brief, casual, and innocent absences,'' since Nov. 6, 1986. The INS later issued a regulation that stated if a noncitizen made any departure and subsequent reentry after Nov. 6, 1986, without prior authorization from the INS (known as "advance parole"), the noncitizen would be ineligible for legalization, no matter how brief, casual, or otherwise innocent the absence. As a result of this regulation, the INS rejected applications submitted by noncitizens who had traveled abroad for brief periods during the required period of continuous residence without obtaining advance parole. Plaintiffs challenged the legality of the "advance parole" provision. They sought declaratory and injunctive relief.

The Catholic Social Services case resulted in litigation that spanned more than 20 years and produced a complicated procedural history of appeals to and remands from the Ninth Circuit and Supreme Court. A brief synopsis of that history follows.

Shortly after suit was filed, District Court (Judge Lawrence Karlton) issued a TRO, enjoining the INS from deporting these undocumented noncitizens under IRCA. He also provisionally certified the class as all of the people who have been or may be deported or issued voluntary departure who are considered by the defendant as deportable noncitizens who can establish a prima facie claim or a nonfrivolous claim for adjustment of status to temporary resident. That order was reversed on appeal. Catholic Soc. Servs. v. Meese, 813 F.2d 1500 (E.D. Cal. 1987), opinion withdrawn and vacated, Catholic Soc. Servs. v. Meese, 820 F.2d 289 (9th Cir. 1987).

On June 17, 1987, the district court (Judge Karlton) stated that the "statutory prohibition against the exclusion of aliens applied to those who were apprehended after the effective date of the statute and whose last attempted entry into the United States occurred after the effective date of the statute," favored the grant of injunction due to the hardships of the plaintiffs and the consideration of public interest. Catholic Soc. Servs. v. Meese, 664 F.Supp. 1378 (E.D. Cal. 1987). On May 3, 1988, the court approved the amended definition of the class certification to include: "(1) All person prima facie eligible for legalization under INA § 245A who departed and reentered the U.S. without INS authorization after the enactment of IRCA following what they assert to have been a brief, casual and innocent absence from the U.S.; or (2) all persons having a non-frivolous claim to legalization under INA § 210 who reentered or attempted to reenter the U.S. without INS authorization on or after November 6, 1986." Catholic Soc. Servs. v. Meese, 685 F.Supp. 1149 (E.D. Cal. 1988).

The district court entered judgment in favor of plaintiffs, striking down the INS's advance parole rule. Catholic Soc. Servs. v. Meese, 685 F. Supp. 1149 (E.D. Cal. 1988). The Ninth Circuit affirmed. Catholic Soc. Servs. v. Thornburgh, 956 F.2d 914 (9th Cir. 1992). The case went to the Supreme Court, which vacated the district court judgment and remanded the case as it determined that some of the class members' claims were not ripe. The Court found that some class members had ripe claims, particularly those individuals whose applications had been summarily rejected by an INS legalization assistant due to perceived violations of the challenged travel regulation. (Rejection of the applications outright was known as "front-desking.") Reno v. Catholic Soc. Servs., 509 U.S. 43 (1993).

On remand, the District Court (Judge Karlton) issued a Nov. 1995 order amending the definition of the class to include:

All persons, otherwise eligible for legalization under IRCA, who, after November 6, 1986, depart or departed the United States for brief, innocent and casual absences without advance parole, and who (i) are therefore deemed ineligible for legalization, or (ii) were informed that they were ineligible to apply for legalization, or were refused by the INS or its QDEs legalization forms and for whom such information, or inability to obtain the required application forms, was a substantial cause of their failure to timely file or complete a written application.

The INS appealed the order. While the case was on appeal, Congress amended the immigration laws by enacting the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996. A provision of that Act sought to limit court review of legalization claims.

In Jan. 1998, the Ninth Circuit found that the newly enacted legislation stripped the district court of jurisdiction over plaintiffs' claims, as none of the named plaintiffs had alleged that they actually tendered an application and fee or tried to do so but had the application "front-desked." Catholic Soc. Servs. v. Reno, 134 F.3d 921 (9th Cir. 1998). The case was remanded for dismissal.

On Apr. 7, 1998, plaintiffs filed a new complaint in the U.S. District Court for the Eastern District of California (which was assigned case #2:98-cv-00629-LKK-JFM), which added claims of plaintiffs whose applications had been front-desked. The new complaint also sought to challenge the constitutionality of the IIRIRA.

Judge Karlton again granted a TRO, and entered a preliminary injunction, prohibiting the deportation of the class of noncitizens qualified to challenge advance parole policy. Catholic Soc. Servs. v. Meese, 1998 U.S.Dist.LEXIS 10429 (E.D. Cal. 1998). Defendants appealed and the Ninth Circuit (Judge O'Scannlain) reversed. Catholic Soc. Servs., Inc. v. I.N.S., 182 F.3d 1053 (9th Cir. 1999). On rehearing en banc, the Court of Appeals (Judge William A. Fletcher) affirmed in part, reversed in part and remanded. 232 F.3d 1139 (9th Cir. 2000).

In Dec. 2000 Congress enacted the Legal Immigration Family Equity (LIFE) Act. The LIFE Act repealed the challenged section (§ 377) of IIRIRA. Based on the enactment of LIFE, in August 2001, the District Court (Judge Karlton) reinstated the previously dismissed case (CSS I, docket #86-1343) and consolidated it with the second filed case (CSS II, #98-629).

On Feb. 15, 2002, the District Court (Judge Karlton) amended the class certification to include the class members from CSS I as well as the members "who were not part of the original class, but who were subject to the same statutes requiring that aliens seeking legalization under IRCA must have presented complete application form to legalization officer in order for court to have jurisdiction over cause of action by alien, for limited purpose of challenging the jurisdiction-stripping provisions on Equal Protection grounds." Catholic Soc. Servs. v. Ashcroft, 206 F.R.D. 654 (E.D. Cal. 2002).

Settlement discussions soon followed and an agreement was reached in late 2003. On Jan. 23, 2004, Judge Karlton approved the settlement, which allowed class members to apply for permanent resident status under the amnesty program beginning about Mar. 2004. 2004 WL 5716141 (E.D. Cal. 2004). For the full settlement terms, see the Joint Stipulation Regarding Settlement, which is part of the document collection for this case.

On Mar. 5, 2004, Judge Karlton ordered defendants to pay plaintiffs $3.5 million as full settlement of all claims for attorneys' fees and $100,000 for costs.

On May 15, 2007, Judge Karlton dismissed with prejudice all claims from the complaint as amended, and dissolved any injunctive orders and decisions.

Developments on the docket since 2007 reflect disputes between the parties as to administrative procedures for applications deemed to have been abandoned or by foreign filers; and as to calculation of attorneys' fees.

The docket has no further updates since Aug. 2014. This case is closed.

Summary Authors

Erica Woodruff (8/21/2007)

Ava Morgenstern (12/2/2017)

Related Cases

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

Zambrano v. INS, Eastern District of California (1988)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5622141/parties/catholic-social-svc-v-orantes/


Judge(s)

Alarcón, Arthur Lawrence (California)

Anderson, J. Blaine (Idaho)

Blackmun, Harry Andrew (District of Columbia)

Browning, James Robert (California)

Fernandez, Ferdinand Francis (California)

Fletcher, William A. (California)

Goodwin, Alfred Theodore (California)

Graber, Susan (Oregon)

Hall, Cynthia Holcomb (California)

Hawkins, Michael Daly (Arizona)

Judge(s)

Alarcón, Arthur Lawrence (California)

Anderson, J. Blaine (Idaho)

Blackmun, Harry Andrew (District of Columbia)

Browning, James Robert (California)

Fernandez, Ferdinand Francis (California)

Fletcher, William A. (California)

Goodwin, Alfred Theodore (California)

Graber, Susan (Oregon)

Hall, Cynthia Holcomb (California)

Hawkins, Michael Daly (Arizona)

Hug, Procter Ralph Jr. (Nevada)

Karlton, Lawrence K. (California)

Kennedy, Anthony McLeod (District of Columbia)

Kozinski, Alex (California)

Moulds, John F. (California)

Nelson, Thomas G. (Idaho)

O'Connor, Sandra Day (District of Columbia)

O'Scannlain, Diarmuid Fionntain (Oregon)

Rehnquist, William Hubbs (District of Columbia)

Reinhardt, Stephen Roy (California)

Scalia, Antonin (District of Columbia)

Schroeder, Mary Murphy (Arizona)

Sneed, Joseph Tyree III (California)

Souter, David Hackett (District of Columbia)

Stevens, John Paul (District of Columbia)

Thomas, Sidney Runyan (Montana)

Trott, Stephen S. (Idaho)

White, Byron Raymond (District of Columbia)

Attorneys(s) for Plaintiff

Abascal, Ralph Santiago (California)

Bau, Ignatius (California)

Broderick, Patrick (California)

Cespedes, Luis Alfonso (California)

Cordova, Ricardo (California)

Finley, Beth A. (California)

Gibbs, Robert H. (Washington)

Hayward, Miriam (California)

Holguín, Carlos R. (California)

Lopez, Edward (California)

Mann, Ronald J. (District of Columbia)

Padilla, Jose (California)

Pasahow, Lynn H. (California)

Pauw, Robert (Washington)

Rosenbaum, Stephen A. (California)

Rubin, Michael (California)

Sandoval, Elizabeth (California)

Schey, Peter A. (California)

Attorneys(s) for Defendant

Adams, Linda B. (District of Columbia)

Bell, Keisha Dawn (District of Columbia)

Bernal, David V. (District of Columbia)

Bombaugh, Robert L. (District of Columbia)

Carty, Eileen A. (District of Columbia)

Filppu, Lauri Steven (District of Columbia)

Funk, Stephen W. (District of Columbia)

Kamlet, Susan L. (District of Columbia)

Keener, Donald E. (District of Columbia)

Kendall, Robert Jr. (District of Columbia)

Levi, David F. (California)

MacLachlan, Andrew C. (District of Columbia)

McCallum, Robert D. Jr. (District of Columbia)

McIntosh, Scott R. (District of Columbia)

Norwood, Anthony W. (District of Columbia)

Raymond, Robert R. (District of Columbia)

Scott, McGregor W. (California)

Stern, Marc (District of Columbia)

Williams, Glyndell E. (California)

Wilson, Earle B. (District of Columbia)

Wright, M. Jocelyn (District of Columbia)

Other Attorney(s)

Chemerinsky, Erwin (California)

Jobe, Robert B. (California)

Van Der Hout, Marc (California)

Expert/Monitor/Master

Kline, David J. (District of Columbia)

Documents in the Clearinghouse

Document

2:86-cv-01343

Docket (PACER)

Catholic Social Services v. Orantes

May 15, 2007

May 15, 2007

Docket

2:98-cv-00629

Docket [PACER]

Catholic Social Services v. Reno

Aug. 29, 2014

Aug. 29, 2014

Docket

86-02907

Opinion

Catholic Social Services v. Meese

U. S. Court of Appeals for the Ninth Circuit

April 3, 1987

April 3, 1987

Order/Opinion

2:86-cv-01343

Opinion

Catholic Social Services, Inc. v. Meese

May 4, 1987

May 4, 1987

Order/Opinion

86-02907

Opinion

Catholic Social Services, Inc. v. Meese

U. S. Court of Appeals for the Ninth Circuit

June 15, 1987

June 15, 1987

Order/Opinion

2:86-cv-01343

Opinion

Catholic Social Services v. Meese

June 17, 1987

June 17, 1987

Order/Opinion

2:86-cv-01343

Opinion

Catholic Social Services, Inc. v. Meese

May 3, 1988

May 3, 1988

Order/Opinion

88-15046

88-15127

88-15128

88-06447

Opinion

Catholic Social Services v. Thornburgh

U. S. Court of Appeals for the Ninth Circuit

Feb. 13, 1992

Feb. 13, 1992

Order/Opinion

91-01826

Opinion

Barr v. Catholic Social Services, Inc.

Supreme Court of the United States

June 22, 1992

June 22, 1992

Order/Opinion

91-01826

Opinion

Reno v. Catholic Social Services, Inc.

Supreme Court of the United States

June 18, 1993

June 18, 1993

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5622141/catholic-social-svc-v-orantes/

Last updated Nov. 1, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
197

COPY of Appellate Court Order: case remanded to USDC during pendency of stay of mandate to enforce stay until final disposition of case after filing of writ of certiorari for Supreme Court (old) (Entered: 05/07/1992)

May 6, 1992

May 6, 1992

198

RECORD on appeal returned from US Court of Appeals 13 volumes clerk's file in 2 boxes, 1 box reporter's transcript (kh) (Entered: 07/08/1992)

July 6, 1992

July 6, 1992

LODGED by plaintiff Pro Hac Vice Application and order for attorney Robert H Gibbs (old) (Entered: 08/03/1992)

July 31, 1992

July 31, 1992

199

ORDER by Honorable Lawrence K. Karlton granting lodged [0-1] for attorney Robert Pauw to appear pro hac vice (cc: all counsel) (old) (Entered: 08/13/1992)

Aug. 13, 1992

Aug. 13, 1992

200

ORDER by Honorable Lawrence K. Karlton granting application for attorney Robert H Gibbs to appear pro hac vice (cc: all counsel) (old) (Entered: 08/13/1992)

Aug. 13, 1992

Aug. 13, 1992

201

NOTICE OF MOTION AND MOTION by plaintiff Catholic Social Svcs, plaintiff California Coalition, plaintiff Mercedes Aguilar De Lopez to enforce stay order set for 9/21/92 at 10:00 before LKK ; Memorandum of Points and Authorities in Support thereof (old) (Entered: 08/14/1992)

Aug. 13, 1992

Aug. 13, 1992

202

PLAINTIFF'S EXHIBITS 1 THROUGH 5 RE: Plaintiff's motion to enforce stay order set for 9/21/92 at 10:00 before LKK [201-1] (old) (Entered: 08/14/1992)

Aug. 13, 1992

Aug. 13, 1992

203

PLAINTIFF'S EXHIBIT 6 (Part 1) RE: Plaintiff's motion to enforece stay order set for 9/21/92 at 10:00 before LKK [201-1] (old) (Entered: 08/14/1992)

Aug. 13, 1992

Aug. 13, 1992

204

PLAINTIFF'S EXHIBIT 6 (Part 2) RE: Plaintiff's motion to enforce stay order set for 9/21/92 at 10:00 before LKK [201-1] (old) (Entered: 08/14/1992)

Aug. 13, 1992

Aug. 13, 1992

205

PLAINTIFF'S EXHIBIT 7 (Part 1) RE: plaintiff's motion to enforce stay order set for 9/21/92 at 10:00 before LKK [201-1] (old) (Entered: 08/14/1992)

Aug. 13, 1992

Aug. 13, 1992

206

PLAINTIFF'S EXHIBIT 7 (Part 2) RE: Plaintiff's motion to enforce stay order set for 9/21/92 at 10:00 before LKK [201-1] (old) (Entered: 08/14/1992)

Aug. 13, 1992

Aug. 13, 1992

207

PLAINTIFF'S EXHIBIT 8 (Part 1) RE: Plaintiff's motion to enforce stay order set for 9/21/92 at 10:00 before LKK [201-1] (old) (Entered: 08/14/1992)

Aug. 13, 1992

Aug. 13, 1992

208

PLAINTIFF'S EXHIBIT 8 (Part 2) RE: Plaintiff's motion to enforce stay motion set for 9/21/92 at 10:00 before LKK [201-1] (old) (Entered: 08/14/1992)

Aug. 13, 1992

Aug. 13, 1992

LODGED proposed order to enforce stays and for appointment of special master by plaintiffs' Catholic Social Services; DOCUMENT SUBMITTED BY CHAMBERS ON 4/22/93 NOT TO BE SIGNED (old) Modified on 04/22/1993 (Entered: 08/14/1992)

Aug. 13, 1992

Aug. 13, 1992

209

CLERK'S record on appeal transmitted to United States Supreme Court: case file and certified copy of docket mailed to Supreme Court (kh) Modified on 11/13/1992 (Entered: 08/18/1992)

Aug. 18, 1992

Aug. 18, 1992

210

PROOF OF SERVICE by plaintiff of attorney Robert H Gibbs to appear pro hac vice [200-1], (old) (Entered: 08/21/1992)

Aug. 20, 1992

Aug. 20, 1992

211

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE from USSP/Washington of Clerk's transcripts from USDC/SACRAMENTO (old) (Entered: 08/26/1992)

Aug. 24, 1992

Aug. 24, 1992

212

NOTICE OF MOTION AND MOTION by defendant Sara Orantes, defendant Edwin Meese to extend time to respond to plaintiff's motion to enforce stay order set for 9/21/92 at 10:00 before LKK (old) (Entered: 09/11/1992)

Sept. 10, 1992

Sept. 10, 1992

214

MINUTES setting hearing on motion to enforce stay order set for 9/21/92 at 10:00 before LKK [201-1] to 1:30 on 11/19/92 ctrm 1 LKK; plaintiff's supplemental brief to be filed by 9/24/92; defts response due 10/19/92; plaintiff's reply due 11/2/92 (old) (Entered: 09/15/1992)

Sept. 14, 1992

Sept. 14, 1992

215

SCHEDULING ORDER by Judge Lawrence K Karlton VACATING and RESETING plaintiffs' motion to enforce the stay order for 11/19/92 at 1:30 pm in ctrm 1 bef LKK (cc: all counsel) (old) (Entered: 09/21/1992)

Sept. 21, 1992

Sept. 21, 1992

216

NOTICE by plaintiffs of filing of additional exhibits 10-19 in support of motion to enforce stay order (old) (Entered: 09/24/1992)

Sept. 24, 1992

Sept. 24, 1992

217

NOTICE by plaintifs of filing of additional exhibits 20-38 in suuport of motion to enforce stay order (old) (Entered: 09/24/1992)

Sept. 24, 1992

Sept. 24, 1992

218

NOTICE by defendant of taking deposition of Felipe Coronado for 10/5/92 at 9:30 am, Albert Marrero-Sales on 10/5/92 at 1:30 pm, and Stephen Voss for 10/6/92 at 9:30 am (old) (Entered: 09/25/1992)

Sept. 24, 1992

Sept. 24, 1992

219

ERRATA by defendant Sara Orantes and defendant Edwin Meese of Depositions are to take place at 300 North Los Angeles Street, LA, CA 90012 Room 7516, and the deposition of Ricardo Suarez will take place at 1:30 pm [218-1] (old) (Entered: 09/29/1992)

Sept. 28, 1992

Sept. 28, 1992

220

LETTER to court from California Rural Legal Assistance requesting mail from the court be addressed to Stephen A Rosenbaum and Ralph S Abascal at 2111 Mission Street Suite 401 San Francisco, CA 94110 (old) (Entered: 09/29/1992)

Sept. 28, 1992

Sept. 28, 1992

221

NOTICE of hearing Case referred to Magistrate John F Moulds ( cc: all counsel) (old) (Entered: 10/01/1992)

Oct. 1, 1992

Oct. 1, 1992

222

MOTION by plaintiffs for order shortening time to hear motion for protective order and declaration in support (old) (Entered: 10/02/1992)

Oct. 2, 1992

Oct. 2, 1992

223

STIPULATION re: discovery disagreements (old) (Entered: 10/02/1992)

Oct. 2, 1992

Oct. 2, 1992

224

PROOF OF SERVICE by plaintiffs of lodged motion for protective order [0-0], lodged order re: deposition schedule [0-0], motion for order shortening time to hear motion for protective order [222-1], lodged proposed order shortening time [0-0], stipulation re: discovery disagreements [223-1] (old) (Entered: 10/02/1992)

Oct. 2, 1992

Oct. 2, 1992

225

SECOND NOTICE by defendant of taking deposition of Patricia Todd on 10/7/92 at 4:00 pm, Michael Friedberg on 10/8/92 at 1:00 pm, Dennis Campbell on 10/8/92 at 3:00 pm, Emily Goldfarb on 10/8/92 at 1:30 pm, Carol Bishart Sani on 10/8/92 at 3:30 pm, Miriaam Hayward on 10/9/92 at 8:30 am, Jeffrey Kriezelman on 10/13/92 at 3:00 pm, Pete Velez on 10/13/92 at 9:30 am, Jacob Senter on 10/14/92 at 9:30 am, Jeff Larson on 10/14/92 at 2:00 pm, Edward Abramson on 10/9/92 at 10:00 am, John McDaniel on 10/9/92 at 2:00 pm, Celso Pinho on 10/7/92 at 10:00 am, and Linda Nonos on 10/7/92 at 2:00 pm (old) (Entered: 10/02/1992)

Oct. 2, 1992

Oct. 2, 1992

LODGED notice of motion and motion by plaintiff for protective order to revise deposition schedule and declaration and exhibits in support (old) (Entered: 10/02/1992)

Oct. 2, 1992

Oct. 2, 1992

LODGED proposed order shortening time (old) (Entered: 10/02/1992)

Oct. 2, 1992

Oct. 2, 1992

LODGED proposed order re: deposition schedule (old) (Entered: 10/02/1992)

Oct. 2, 1992

Oct. 2, 1992

226

ORDER by Magistrate John F Moulds GRANTING: The parties stipulation and motion for an order shortening time to hear the motion and setting deposition schedule -SEE INSTANT ORDER (cc: all counsel) (old) (Entered: 10/05/1992)

Oct. 5, 1992

Oct. 5, 1992

227

ORDER by Magistrate John F Moulds GRANTING: Plaintiffs' motion for protective ordedr to revise depostion schedule and declaration and exhibit in support (cc: all counsel) (old) (Entered: 10/05/1992)

Oct. 5, 1992

Oct. 5, 1992

228

MINUTES of 10/2/92; GRANTING stipulated motion for order shortening time to hear motion for protective order [222-1] Protective order GRANTED IN PART DENIED IN PART (old) (Entered: 10/06/1992)

Oct. 5, 1992

Oct. 5, 1992

229

OPPOSTION by defendant to motion for order shortening time to hear motion for protective order [222-1] (old) (Entered: 10/06/1992)

Oct. 5, 1992

Oct. 5, 1992

230

NOTICE by plaintiff of filing of declaration (old) (Entered: 10/07/1992)

Oct. 5, 1992

Oct. 5, 1992

231

LETTER to court from plaintiff's attorney informing the court that the address given for Felipe Coronado does not appear to be an office an he cannot be located (old) (Entered: 10/07/1992)

Oct. 5, 1992

Oct. 5, 1992

232

NOTICE of completed service list in the above mentioned case (old) (Entered: 10/09/1992)

Oct. 8, 1992

Oct. 8, 1992

233

NOTICE by plaintiff Catholic Social Svcs, plaintiff California Coalition and plaintiff Mercedes Aguilar De Lopez of filing of index to plaintiffs' exhibits filed in support of motion to enforce stay order (old) (Entered: 10/14/1992)

Oct. 13, 1992

Oct. 13, 1992

234

ORDER by Honorable Lawrence K Karlton approving [230] as filed (cc: all counsel) (old) (Entered: 10/15/1992)

Oct. 15, 1992

Oct. 15, 1992

LODGED deft's motion for extension of time to respond to plaintiffs' motion to enforce stay order (old) (Entered: 10/19/1992)

Oct. 15, 1992

Oct. 15, 1992

235

MOTION by defendant To shorten time to hear motion to extend time (old) (Entered: 10/19/1992)

Oct. 19, 1992

Oct. 19, 1992

236

ORDER by Honorable Lawrence K Karlton ORDERING the Status (Pretrial Scheduling) Order filed 9/21/92 is AMENDED as follows: defnedant shall file its opposition no later than 11/2/92, plaintiffs their reply no later than 11/16/92, and the hearing on plaintiff's motion to enforce stay order set currently for 11/19/92 [201-1] is CONTINUED to 9:15am on 12/4/92 in ctrm 1 (cc: all counsel) (kh) (Entered: 10/20/1992)

Oct. 20, 1992

Oct. 20, 1992

237

NOTICE by defendant Sara Orantes, defendant Edwin Meese of taking deposition of William P Barr on 10/29/92 at 9:30 am (old) (Entered: 10/21/1992)

Oct. 20, 1992

Oct. 20, 1992

239

LETTER to court from attorney Anthony W Norwood RE service of deposition subpoenas on plaintiff's declarants and withdrawal of declarations (kh) (Entered: 10/26/1992)

Oct. 26, 1992

Oct. 26, 1992

240

LETTER to court from defendants attorney informing the court that the defendant has been unable to locate and serve deposition subpoenas upon two of plaintiffs' declarants (old) (Entered: 10/27/1992)

Oct. 27, 1992

Oct. 27, 1992

241

NOTICE by plaintiff of withdrawl of exhibit in support of plaintiff's motion to enforce stay order (old) (Entered: 10/28/1992)

Oct. 28, 1992

Oct. 28, 1992

242

OBJECTIONS by defendant to plaintiffs motion to enforce stay order (old) (Entered: 11/03/1992)

Nov. 2, 1992

Nov. 2, 1992

243

LETTER to court from U S Dept of Justice informing the court of filing correct brief along with exhibits (old) (Entered: 11/03/1992)

Nov. 3, 1992

Nov. 3, 1992

244

OBJECTIONS by defendant to plaintiff's motion to enforce stay order (Corrected Brief) (old) (Entered: 11/03/1992)

Nov. 3, 1992

Nov. 3, 1992

259

NOTICE of Mediators Findings of Fact and Recommendations (old) (Entered: 12/10/1992)

Nov. 3, 1992

Nov. 3, 1992

245

DEPOSITION of Robert Pauw taken on the following date(s): 10/14/92 (kh) (Entered: 11/09/1992)

Nov. 9, 1992

Nov. 9, 1992

246

EXHIBITS to Deposition of Robert Pauw taken on 10/14/92 (kh) (Entered: 11/09/1992)

Nov. 9, 1992

Nov. 9, 1992

247

DEPOSITION of Albert Rafael Marrero Salas taken on the following date(s): 10/6/92 (kh) (Entered: 11/09/1992)

Nov. 9, 1992

Nov. 9, 1992

248

DEPOSITION of Carol Bisharat Sani taken on the following date(s): 10/8/92 (kh) (Entered: 11/09/1992)

Nov. 9, 1992

Nov. 9, 1992

249

DEPOSITION of Emily Goldfarb taken on the following date(s): 10/8/92 (kh) (Entered: 11/09/1992)

Nov. 9, 1992

Nov. 9, 1992

250

DEPOSITION of Miriam Hayward taken on the following date(s): 10/9/92 (kh) (Entered: 11/09/1992)

Nov. 9, 1992

Nov. 9, 1992

251

DEPOSITION of Jeff Larsen taken on the following date(s): 10/14/92 (kh) (Entered: 11/09/1992)

Nov. 9, 1992

Nov. 9, 1992

252

DEPOSITION of Denis W Campbell taken on the following date(s): 10/8/92 (kh) (Entered: 11/09/1992)

Nov. 9, 1992

Nov. 9, 1992

253

DEPOSITION of Jeffrey A Kriezelman taken on the following date(s): 10/13/92 (kh) (Entered: 11/09/1992)

Nov. 9, 1992

Nov. 9, 1992

254

DEPOSITION of Jacobo Senter taken on the following date(s): 10/14/92 (kh) (Entered: 11/09/1992)

Nov. 9, 1992

Nov. 9, 1992

256

REPLY brief by plaintiff's re: motion to enforce stay order (old) (Entered: 11/24/1992)

Nov. 19, 1992

Nov. 19, 1992

258

AMENDED REPLY BRIEF by plaintiff re motion to enforce stay order [201-1] (old) (Entered: 12/10/1992)

Nov. 30, 1992

Nov. 30, 1992

260

NOTICE by plaintiff of filing selected INS documents produced in discovery and index (Exhibits 1-11) (old) (Entered: 12/10/1992)

Dec. 3, 1992

Dec. 3, 1992

261

DEPOSITION of Alex Chavez taken on the following date(s): 10/9/92 (old) (Entered: 12/10/1992)

Dec. 3, 1992

Dec. 3, 1992

257

MINUTES setting hearing on motion to enforce stay order set for 9/21/92 at 10:00 before LKK [201-1] 9:15 1/28/93 ; Scheduling Conference set for 1/7/93 at 9:30 (old) (Entered: 12/08/1992)

Dec. 4, 1992

Dec. 4, 1992

LODGED stipulation to special designation of United States Magistrate (old) (Entered: 12/14/1992)

Dec. 11, 1992

Dec. 11, 1992

262

ORDER by Magistrate John F Moulds that the parties are informed that Hon John F Moulds is assigned to this matter for purposes delineated under Local Rule 302(b)(9) and that Notwithstanding the above assignement the parties consent to the special designation of Magistrate John F Moulds pursuant to Local Rule 303(4) for the purpose of assisting them to informally resolve plaintiffs pending motion to enforce stay orders (cc: all counsel) (old) (Entered: 12/15/1992)

Dec. 15, 1992

Dec. 15, 1992

263

COURT NOTICE of hearing ORDERING the TELEPHONIC scheduling Conference set for 1/7/93 at 9:30am is CONTINUED to 1/14/93 at 9:30am (cc: all counsel) (kh) (Entered: 12/21/1992)

Dec. 16, 1992

Dec. 16, 1992

264

NOTICE by plaintiffs of UPDATED SERVICE LIST in this action (kh) (Entered: 12/21/1992)

Dec. 18, 1992

Dec. 18, 1992

265

MINUTES of 1/14/93: Status conf cont to 1/15/93 at 9:30 am (old) (Entered: 01/14/1993)

Jan. 14, 1993

Jan. 14, 1993

266

MINUTES of 1/15/93: conference call held on motion to compel; Hearin on 1/22/93 at 1:30 pm for further discussion (old) (Entered: 01/19/1993)

Jan. 15, 1993

Jan. 15, 1993

267

MINUTES of 1/15/93 Scheduling Conference set 1/26/93 at 1:30 pm (old) (Entered: 01/20/1993)

Jan. 15, 1993

Jan. 15, 1993

268

MINUTES of the further settlement conf via telephone; case not settled settlement conf HELD (old) (Entered: 01/26/1993)

Jan. 25, 1993

Jan. 25, 1993

269

NOTICE of hearing by the courtroom deputy VACATING the hearing on pltf's motion to stay set for 1/28/93 at 9:15; VACATING the 1/28/93 sched conf Scheduling conf VACATED ( cc: all counsel) (old) (Entered: 01/27/1993)

Jan. 26, 1993

Jan. 26, 1993

270

MINUTES of continued status conf via telephone status conf via telephone HELD (old) (Entered: 01/28/1993)

Jan. 26, 1993

Jan. 26, 1993

272

MINUTES of 2/2/93 Settlement conference cont 2/8/93 at 11:00 pm (old) (Entered: 02/05/1993)

Feb. 2, 1993

Feb. 2, 1993

273

MINUTES of 2/9/93 Settlement conference cont 2/9/93 by telphonic conference (old) (Entered: 02/10/1993)

Feb. 9, 1993

Feb. 9, 1993

274

MINUTES of 2/12/93: Continue settlement conference; Case Settled; Plft to submit papers within 60 days (old) (Entered: 02/12/1993)

Feb. 12, 1993

Feb. 12, 1993

LODGED stipulation and order (old) (Entered: 03/02/1993)

March 2, 1993

March 2, 1993

275

STIPULATION and ORDER by Honorable Lawrence K Karlton STIPULATING that the parties have reached a settlement of the issues raised in pltf's motion to enforce stay orders, except the "advance parole" issue-SEE ORDER (cc: all counsel) (old) (Entered: 03/04/1993)

March 4, 1993

March 4, 1993

276

NOTICE by plaintiff's of filing of intructions and directives pursuant to stipulation and order of 3/4/93 (old) (Entered: 04/26/1993)

April 23, 1993

April 23, 1993

LODGED notice of ifling instructions and directives pursuant to stipulation and orderof 3/4/93 (old) (Entered: 04/26/1993)

April 23, 1993

April 23, 1993

277

ORDER by Honorable Lawrence K Karlton ORDERING: Any subclass 1 members held in detention solely on the bais that they departed from the US without advance parole shall be immediately released from the detention if their absence was otherwise "brief, innocent and casual"-SEE ORDER (cc: all counsel) (old) (Entered: 04/28/1993)

April 28, 1993

April 28, 1993

278

LETTER to court from the Center for Human Rights and Constitutional Law re impelmentation of the district courts order of 4/28/93 (old) (Entered: 06/04/1993)

June 3, 1993

June 3, 1993

279

CERTIFIED COPY of Appellate Court Order ORDERING this action REMANDED to the USDC for further proceedings consistent with the opinion of the order of the US Supreme Court (cc: all counsel) (old) (Entered: 07/29/1993)

July 29, 1993

July 29, 1993

280

EX PARTE APPLICATION by plaintiff Mercedes Aguilar De Lopez, plaintiff California Coalition, plaintiff Catholic Social Svcs for Status Conference (old) (Entered: 08/06/1993)

Aug. 5, 1993

Aug. 5, 1993

281

NOTICE of hearing by the courtroom deputy Scheduling Conference SET FOR 9/7/93 AT 3:00 status reports 7 days prior to the conference ( cc: all counsel) (old) (Entered: 08/12/1993)

Aug. 11, 1993

Aug. 11, 1993

282

LETTER to court from US Supreme Court re: return of original file consisting of two boxes (old) (Entered: 08/27/1993)

Aug. 25, 1993

Aug. 25, 1993

LODGED Stipulation to Continuance of Status Conference by parties (old) (Entered: 08/27/1993)

Aug. 25, 1993

Aug. 25, 1993

283

STIPULATION and ORDER by Honorable Lawrence K Karlton ORDERING: ; Scheduling Conference CONT 11/8/93 at 9:00 in ctrm 1 (cc: all counsel) (old) (Entered: 11/02/1993)

Nov. 2, 1993

Nov. 2, 1993

284

STATUS REPORT by plaintiffs (old) (Entered: 11/03/1993)

Nov. 2, 1993

Nov. 2, 1993

286

STATUS REPORT by defendant (old) (Entered: 11/05/1993)

Nov. 3, 1993

Nov. 3, 1993

285

STATUS REPORT by defendants (old) (Entered: 11/05/1993)

Nov. 4, 1993

Nov. 4, 1993

287

MINUTES of 11/8/93 before Honorable Lawrence K Karlton: Scheduling conf HELD; Further status set 1/24/94 at 3:00 by telephone (old) (Entered: 11/10/1993)

Nov. 8, 1993

Nov. 8, 1993

288

STATUS PRETRIAL SCHEDULING ORDER by Honorable Lawrence K Karlton ORDERING: Scheduling Conference SET 1/24/94 at 3:00 Parties to file status reports no later than 7 days preceding status conference (cc: all counsel) (old) (Entered: 11/10/1993)

Nov. 10, 1993

Nov. 10, 1993

289

NOTICE of related case(s) CV S 93-1824 EJG PAN (old) (Entered: 11/22/1993)

Nov. 19, 1993

Nov. 19, 1993

290

NON RELATED CASE ORDER by Honorable Lawrence K Karlton ORDERING: The court has determined that it is inappropriate to relate or reassign this action to CIV S 93-1824 EJG; (cc: all counsel) (old) (Entered: 12/03/1993)

Dec. 3, 1993

Dec. 3, 1993

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Nov. 12, 1986

Closing Date: Aug. 29, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All noncitizens whose applications for legalization through the amnesty program of the Immigration Reform and Control Act of 1986 were denied because of the INS’ advance parole rule.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

California Rural Legal Assistance

Center for Human Rights & Constitutional Law

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Attorney General of the United States, Federal

Immigration and Naturalization Service , Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Immigration Reform and Control Act of 1986 (IRCA)

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Admission - criteria

Admission - procedure

Constitutional rights

Deportation - criteria

Legalization/Amnesty

Status/Classification

Temporary protected status

Undocumented immigrants - rights and duties