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

1987 WL 61013

April 3, 1987

April 3, 1987

Order/Opinion

2:86-cv-01343

Opinion

Catholic Social Services, Inc. v. Meese

1987 U.S.Dist.LEXIS 3988

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

820 F.2d 289

June 15, 1987

June 15, 1987

Order/Opinion

2:86-cv-01343

Opinion

Catholic Social Services v. Meese

664 F.Supp. 1378, 1987 U.S.Dist.LEXIS 5493

June 17, 1987

June 17, 1987

Order/Opinion

2:86-cv-01343

Opinion

Catholic Social Services, Inc. v. Meese

685 F.Supp. 1149, 1988 U.S.Dist.LEXIS 4022

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

956 F.2d 914, 1996 U.S.App.LEXIS 1660

Feb. 13, 1992

Feb. 13, 1992

Order/Opinion

91-01826

Opinion

Barr v. Catholic Social Services, Inc.

Supreme Court of the United States

505 U.S. 1203, 112 S.Ct. 2990

June 22, 1992

June 22, 1992

Order/Opinion

91-01826

Opinion

Reno v. Catholic Social Services, Inc.

Supreme Court of the United States

509 U.S. 43, 113 S.Ct. 2485

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 Aug. 1, 2022, 3:17 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

622

ORDER by Honorable Lawrence K. Karlton ORDERING dfts' motion for reconsideration on the basis of Zambrano v INS [592-2] is DENIED; dfts' motion for partial summary judgment [574-1] is DENIED except as to the organizational plts; plts' motion for summary judgment [578-1] is GRANTED except as to the organizational plts and plt Jesus Reyna Reyna; until the court determines the terms of a permanent injunction, the terms of the preliminary injunction ordered shall remain in effect; the parties shall meet and confer and proceed as directed in Section III above (cc: all counsel) (ndd)

July 24, 2002

July 24, 2002

RECAP
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

650

JOINT MOTION to approve settlement of class action by dfts and pltfs ; motion TO BE HEARD by Honorable Lawrence K. Karlton; Motion Hearing not noticed (nac) (Entered: 12/02/2003)

Dec. 1, 2003

Dec. 1, 2003

PACER
651

STIPULATION regarding final approval of proposed settlement agreement [650-1] (ndd) (Entered: 12/22/2003)

Dec. 19, 2003

Dec. 19, 2003

PACER

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

652

OBJECTIONS of counsel to Fees/costs provisions by plaintiffs in 2:86-cv-01343 (ndd) (Entered: 12/30/2003)

Dec. 29, 2003

Dec. 29, 2003

PACER
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

653

NOTICE of hearing on joint motion to approve settlement [650-1] by pltfs and dfts (nac) (Entered: 01/09/2004)

Jan. 8, 2004

Jan. 8, 2004

PACER
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

654

STIPULATION AND ORDER by Honorable Lawrence K. Karlton ORDERED that upon the parties' request for shortening time for hearing, the hearing to approve settlement RESET for 10:00 1/23/04 (cc: all counsel) (ndd) (Entered: 01/15/2004)

Jan. 15, 2004

Jan. 15, 2004

PACER
655

JOINT REPORT re Objections to settlement of class action by plaintiffs in 2:86-cv-01343 (ndd) (Entered: 01/21/2004)

Jan. 21, 2004

Jan. 21, 2004

PACER
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

657

MINUTES of joint motion to approve Settlement Agreement before Honorable Lawrence K. Karlton in-court hearing held on 1/23/04 ; members of the class were invited to voice any objections to the Settlement - record reflects no one objected; defense counsel did not object to proposed order submitted; Court approves class Settlement; Order to be signed; C/R C Bodene (mdk) (Entered: 01/26/2004)

Jan. 23, 2004

Jan. 23, 2004

PACER
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

656

ORDER by Honorable Lawrence K. Karlton ORDERING the joint motion to approve settlement of class action [650-1] GRANTED The settlement is APPROVED; See order for further details; case TERMINATED (cc: all counsel) (nac) Modified on 01/27/2004 (Entered: 01/23/2004)

Jan. 23, 2004

Jan. 23, 2004

RECAP
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

658

JOINT STIPULATION & ORDER of Settlement by Honorable Lawrence K Karlton re attorney's fees & costs GRANTED; undersigned counsel agree to attorney fees & costs to pltfs under EAJA be distributed by separate checks to individual firms listed below as follows: Center for Human Rights & Constitutional Law $3,224,070; CA Rural Legal Assistance $178,734; Altshuler, Berzon, et al $130,900; Gibbs Houston Pauw $51,170; Lawyers Committee for Civil Rights $15,126 (cc: all counsel) (mm1) (Entered: 01/26/2004)

Jan. 26, 2004

Jan. 26, 2004

PACER
659

STIPULATION AND ORDER by Honorable Lawrence K. Karlton ORDERING that dfts will pay plts $3,500,000 in full settlement of all claims they may have for attorneys' fees, and $100,000 in full settlement of all claims they may have for costs, provided that the Court approves the stipulation for settlement of the merits filed concurrently herewith; this agreement is conditioned upon approval by the Secretary of the US Dept of Homeland Security and the Associate Atty General and is contingent upon the district court's approval of the stipulation for settlement of the merits filed concurrently herewith (cc: all counsel) (ndd) (Entered: 03/05/2004)

March 5, 2004

March 5, 2004

PACER
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

660

NOTICE re Notice of Appeal to Special Master by Alicia Burkman. (MAINTAIN ON PAPER) (Yin, K) Modified on 2/28/2006 (Yin, K). (Entered: 02/28/2006)

Feb. 13, 2006

Feb. 13, 2006

PACER
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

661

STIPULATION and PROPOSED ORDER dismissing action pursuant to Section 17 of Settlement. [Notice of Noncompliance - filed in paper; attempts made to reach USDOJ to file document electronically). (Marciel, M) (Entered: 05/11/2007)

April 20, 2007

April 20, 2007

PACER
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

662

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 05/11/07 re 661 ORDERING that the court dismiss with prejudice each and every claim of the complaint as amended, and dissolve any injunctive orders and other decisions entered herein. (Duong, D) (Entered: 05/15/2007)

May 15, 2007

May 15, 2007

RECAP
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

663

OBJECTIONS to Special Master decision. (MAINTAIN ON PAPER) (Anderson, J) (Entered: 07/29/2008)

July 28, 2008

July 28, 2008

PACER
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

665

OPPOSITION by INS. To Objections To Special Master's Decision (Norwood, Anthony) (Entered: 08/27/2008)

Aug. 27, 2008

Aug. 27, 2008

PACER
664

NOTICE of APPEARANCE by Anthony W. Norwood on behalf of INS. Attorney Norwood, Anthony W. added. (Norwood, Anthony) (Entered: 08/27/2008)

Aug. 27, 2008

Aug. 27, 2008

PACER
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

666

REPLY to Opposition to Objections to Special Master's Findings and Conclusions by Catholic Social Svcs. 666 (Schey, Peter) Modified on 9/17/2008 (Reader, L). (Entered: 09/16/2008)

Sept. 16, 2008

Sept. 16, 2008

PACER
667

ORDER signed by Senior Judge Lawrence K. Karlton on 11/12/08 ORDERING that Mr. Mendoza's 663 objections to the special master's decisions are OVERRULED. (Duong, D) (Entered: 11/12/2008)

Nov. 12, 2008

Nov. 12, 2008

RECAP
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

668

OBJECTIONS TO SPECIAL MASTERS' DECISION; Declaration of Julio Cesar Benitez. (Mena-Sanchez, L) (Entered: 08/25/2009)

Aug. 24, 2009

Aug. 24, 2009

PACER
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

669

[DISREGARD - WRONG IMAGE ATTACHED - SEE 670 OPPOSITION by Defendant INS. (Attachments: # 1 Opposition To Objections To Special Masters Decision)(Norwood, Anthony) Modified on 9/3/2009 (Benson, A.). (Entered: 08/31/2009)

Aug. 31, 2009

Aug. 31, 2009

PACER
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

670

OPPOSITION to Objections to Special Masters Decision by Defendant INS. (Attachments: # 1 Exhibit)(Norwood, Anthony) Modified on 9/3/2009 (Reader, L). (Entered: 09/02/2009)

Sept. 2, 2009

Sept. 2, 2009

PACER
671

MOTION to ENFORCE JUDGMENT /SETTLEMENT by Catholic Social Svcs, California Coalition, Mercedes Aguilar De Lopez. Attorney Holguin, Charles Rudolph added. Motion Hearing set for 11/23/2009 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: # 1 Exhibit Part 1, # 2 Exhibit Part 2, # 3 Exhibit Part 3, # 4 Exhibit Part 4, # 5 Exhibit Part 5, # 6 Exhibit Part 6, # 7 Exhibit Part 7, # 8 Proposed Order)(Holguin, Charles) Modified on 10/13/2009 (Becknal, R). (Entered: 10/12/2009)

1 Exhibit Part 1

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2 Exhibit Part 2

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3 Exhibit Part 3

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4 Exhibit Part 4

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5 Exhibit Part 5

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6 Exhibit Part 6

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7 Exhibit Part 7

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8 Proposed Order

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Oct. 12, 2009

Oct. 12, 2009

PACER
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

672

JOINT STIPULATION and PROPOSED ORDER for To Extend Hearing From Nov. 23, 2009, to Dec. 7, 2009 by US Attorney General. Attorney Norwood, Anthony W. added. (Norwood, Anthony) Modified on 11/3/2009 (Kaminski, H). (Entered: 11/02/2009)

Nov. 2, 2009

Nov. 2, 2009

PACER
673

STIPULATION and ORDER SETTING HEARING on 671 MOTION to ENFORCE JUDGMENT signed by Senior Judge Lawrence K. Karlton on 11/3/09 that the hearing is CONTINUED to12/7/2009 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Defendant's Opposition will be filed on or before November 16, 2009, and Plaintiffs' Reply will be filed on or before, November 30, 2009. (Duong, D) (Entered: 11/03/2009)

Nov. 3, 2009

Nov. 3, 2009

PACER
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

674

OPPOSITION by INS to 671 MOTION to ENFORCE JUDGMENT. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit)(Norwood, Anthony) (Entered: 11/16/2009)

Nov. 16, 2009

Nov. 16, 2009

PACER
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

675

ORDER signed by Senior Judge Lawrence K. Karlton on 11/17/09 ORDERING that Benitez must file a supplemental brief on whether his criminal convictions preclude him of class membership within 60 days from the date of this order. If Benitez fails to timely submit this brief, the court will overrule Benitez's objections; Plaintiffs and defendants may file a response,either in opposition or in support of Benitez's brief, due 15 days after Benitez's brief is filed; Benitez may file a reply to any response filed due30 days after the response is filed. (Becknal, R) (Entered: 11/17/2009)

Nov. 17, 2009

Nov. 17, 2009

RECAP
676

REPLY by Catholic Social Svcs, California Coalition, Mercedes Aguilar De Lopez re 671 MOTION to ENFORCE JUDGMENT, 674 Opposition to Motion,. (Attachments: # 1 Exhibit A)(Holguin, Charles) Modified on 12/1/2009 (Kaminski, H). (Entered: 11/30/2009)

Nov. 30, 2009

Nov. 30, 2009

PACER

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

Oct. 2, 1992

Oct. 2, 1992

677

MINUTES (Text Only) for proceedings held before Senior Judge Lawrence K. Karlton: MOTION HEARING held on 12/7/2009 re 671 Plaintiffs' MOTION to ENFORCE SETTLEMENT filed by Mercedes Aguilar De Lopez, California Coalition, Catholic Social Svcs. MOTION SUBMITTED: Court shall issue order. Plaintiffs Counsel Carlos Holguin, Peter Schey present. Defendants Counsel Anthony Norwood, Robert Raymond present. Court Reporter/CD Number: C. Bodene. (Narcisse, M) (Entered: 12/07/2009)

Dec. 7, 2009

Dec. 7, 2009

PACER

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

Oct. 2, 1992

Oct. 2, 1992

678

ORDER signed by Senior Judge Lawrence K. Karlton on 12/11/09 ORDERING that Plaintiffs' Motion regarding application of the abandonment regulation is GRANTED. Plaintiffs may file objections, if any, within fourteen (14) days after service of defendants' affidavit.(Mena-Sanchez, L) (Entered: 12/14/2009)

Dec. 14, 2009

Dec. 14, 2009

RECAP

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

223

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

Oct. 2, 1992

Oct. 2, 1992

679

TRANSCRIPT of Proceedings held on 12-7-09, before Senior Judge Lawrence K. Karlton, filed by Court Reporter Cathie Bodene, Phone number 916-446-6360 E-mail cbodene@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 1/5/2010. Redacted Transcript Deadline set for 1/15/2010. Release of Transcript Restriction set for 3/15/2010. (Bodene, C) (Entered: 12/15/2009)

Dec. 15, 2009

Dec. 15, 2009

PACER
680

NOTICE Of Filing As To Foreign Class Membership Applications by all defendants. (Attachments: # 1 Declaration, # 2 Exhibit)(Norwood, Anthony) (Entered: 01/08/2010)

Jan. 8, 2010

Jan. 8, 2010

PACER
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

681

MOTION for ATTORNEY FEES and COSTS by plaintiffs. Motion Hearing set for 3/8/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: # 1 Exhibits A-C, # 2 Exhibit E, # 3 Exhibit F, # 4 Exhibit G, # 5 Exhibit H) (Holguin, Charles) Modified on 4/29/2010 (Reader, L). Modified on 8/16/2011 (Meuleman, A). (Entered: 01/13/2010)

1 Exhibits A-C

View on PACER

2 Exhibit E

View on PACER

3 Exhibit F

View on PACER

4 Exhibit G

View on PACER

5 Exhibit H

View on PACER

Jan. 13, 2010

Jan. 13, 2010

PACER
692

LETTER from Julio Cesar Benitez regarding objections to Special Master's decision. (Attachments: # 1 Supplemental Briefing) (Waggoner, D) (Entered: 04/19/2010)

Jan. 19, 2010

Jan. 19, 2010

PACER
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

683

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 1/21/10 ORDERING the deadline for filing plaintiffs' objections to defendants' affidavit re: foreign filers is EXTENDED to 2/19/10. (Donati, J) (Entered: 01/21/2010)

Jan. 21, 2010

Jan. 21, 2010

RECAP
682

STIPULATION and PROPOSED ORDER for extension of time to file objections re 678 Order, 680 Notice - Other by Catholic Social Svcs, California Coalition, Mercedes Aguilar De Lopez. (Holguin, Charles) (Entered: 01/21/2010)

Jan. 21, 2010

Jan. 21, 2010

PACER
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

684

STIPULATION and PROPOSED ORDER for taking 681 fees motion off calendar by Catholic Social Svcs, California Coalition, Mercedes Aguilar De Lopez. (Holguin, Charles) Modified on 1/25/2010 (Benson, A.). (Entered: 01/22/2010)

Jan. 22, 2010

Jan. 22, 2010

PACER
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

685

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 01/26/10 ORDERING that the hearing on the 681 Motion for Attorney Fees and Costs is taken OFF CALENDAR subject to re-noticing. (Benson, A.) (Entered: 01/26/2010)

Jan. 26, 2010

Jan. 26, 2010

RECAP
686

ORDER signed by Senior Judge Lawrence K. Karlton on 2/11/10 ORDERING that Benitez's Objections to the Special Master's Decision 668 are OVERRULED. The Clerk shall mail a copy of this order to Benitez at 15445 Cobalt Street #134, Sylmar, CA 91342.(Mena-Sanchez, L) (Entered: 02/11/2010)

Feb. 11, 2010

Feb. 11, 2010

RECAP
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

687

STIPULATION and PROPOSED ORDER for Extension of Time to File Objections re 678 Order, 680 Notice - Other by Catholic Social Svcs, California Coalition, Mercedes Aguilar De Lopez. (Holguin, Charles) (Entered: 02/17/2010)

Feb. 17, 2010

Feb. 17, 2010

PACER
688

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr for Judge Lawrence K. Karlton on 2/18/10 ORDERING that the deadline for filing objections to dfts' affidavit re: foreign filers be extended to 3/12/10. (Manzer, C) (Entered: 02/18/2010)

Feb. 18, 2010

Feb. 18, 2010

RECAP
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

689

OBJECTIONS by Plaintiffs Catholic Social Svcs, California Coalition, Mercedes Aguilar De Lopez to 678 Order, 680 Notice - Other. (Holguin, Charles) (Entered: 03/12/2010)

March 12, 2010

March 12, 2010

PACER
690

STATUS REPORT by Catholic Social Svcs, California Coalition, Mercedes Aguilar De Lopez. (Holguin, Charles) (Entered: 03/19/2010)

March 19, 2010

March 19, 2010

PACER

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

691

STATUS REPORT by Catholic Social Svcs, California Coalition, Mercedes Aguilar De Lopez. (Holguin, Charles) (Entered: 04/06/2010)

April 6, 2010

April 6, 2010

PACER
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

693

REPORT re: Abandoned Applications and Foreign Filers by INS. (Norwood, Anthony) Modified on 4/22/2010 (Marciel, M). (Entered: 04/21/2010)

April 21, 2010

April 21, 2010

PACER
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

694

ORDER signed by Senior Judge Lawrence K. Karlton on 4/28/2010 ORDERING 693 plaintiffs to file a response to defendants' report, within 14 days of the issuance of this order. Pltfs are requested to conform their response to the structure of dfts' proposal to the extent doing so furthers clarity. Upon receipt of pltfs' response, the court will determine whether a hearing or further briefing is necessary. (Reader, L) (Entered: 04/29/2010)

April 29, 2010

April 29, 2010

RECAP
695

RESPONSE by Catholic Social Svcs, California Coalition, Mercedes Aguilar De Lopez to 693 Status Report, 694 Order,. (Holguin, Charles) (Entered: 05/12/2010)

May 12, 2010

May 12, 2010

PACER
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

696

ORDER signed by Senior Judge Lawrence K. Karlton on 5/18/2010 ORDERING that the government's proposal, Dkt. 693, shall be adopted, save and except as follows: Class members will have ninety (90) days from the date notice is mailed of the amended notice of denial to appeal to the AAO; The agency, where possible, shall refund the required $585.00 for unnecessary motions to reopen by virtue of declared abandonment, or credit such fees towards the fee for filing an administrative appeal at the class members' option; Review of appeals shall be on the merits; and the CIS shall accept a filing fee as it existed in 2004-2005 (i.e. $240.00). (Matson, R) (Entered: 05/18/2010)

May 18, 2010

May 18, 2010

RECAP
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

698

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 01/05/11 GRANTING 697 Stipulation for Protective Order regarding Privacy Act Information. (Williams, D) (Entered: 01/05/2011)

Jan. 5, 2011

Jan. 5, 2011

RECAP
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

697

STIPULATION and PROPOSED ORDER for Protective Order by US Attorney General. (Norwood, Anthony) (Entered: 01/05/2011)

Jan. 5, 2011

Jan. 5, 2011

PACER

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