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.) and LULAC v. INS; 2:87-cv-04757-WDK-CW (C.D.C…

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.) and LULAC v. INS; 2:87-cv-04757-WDK-CW (C.D.Cal.).

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 attorneys, see: https://www.courtlistener.com/docket/5622141/parties/catholic-social-svc-v-orantes/


Judge(s)

Alarcón, Arthur Lawrence (California)

Anderson, J. Blaine (Idaho)

Attorney for Plaintiff

Abascal, Ralph Santiago (California)

Bau, Ignatius (California)

Attorney for Defendant

Adams, Linda B. (District of Columbia)

Expert/Monitor/Master/Other

show all people

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

1987 WL 61013

2:86-cv-01343

Opinion

Catholic Social Services, Inc. v. Meese

May 4, 1987

May 4, 1987

Order/Opinion

1987 U.S.Dist.LEXIS 3988

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

820 F.2d 289

2:86-cv-01343

Opinion

Catholic Social Services v. Meese

June 17, 1987

June 17, 1987

Order/Opinion

664 F.Supp. 1378

2:86-cv-01343

Opinion

Catholic Social Services, Inc. v. Meese

May 3, 1988

May 3, 1988

Order/Opinion

685 F.Supp. 1149

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

956 F.2d 914

91-01826

Opinion

Barr v. Catholic Social Services, Inc.

Supreme Court of the United States

June 22, 1992

June 22, 1992

Order/Opinion

505 U.S. 1203

91-01826

Opinion

Reno v. Catholic Social Services, Inc.

Supreme Court of the United States

June 18, 1993

June 18, 1993

Order/Opinion

509 U.S. 43

Resources

Docket

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

Last updated Feb. 3, 2025, 3:21 p.m.

ECF Number Description Date Link Date / Link
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
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
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
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
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
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
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

Jan. 23, 2004

Jan. 23, 2004

RECAP
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
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
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
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)

May 15, 2007

May 15, 2007

RECAP
663

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

July 28, 2008

July 28, 2008

PACER
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
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)

Nov. 12, 2008

Nov. 12, 2008

RECAP
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
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
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
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
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
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 ti mely 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)

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
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
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)

Dec. 14, 2009

Dec. 14, 2009

RECAP
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
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

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2 Exhibit E

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3 Exhibit F

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4 Exhibit G

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5 Exhibit H

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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
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)

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
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
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.)

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)

Feb. 11, 2010

Feb. 11, 2010

RECAP
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)

Feb. 18, 2010

Feb. 18, 2010

RECAP
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
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
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
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)

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
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)

May 18, 2010

May 18, 2010

RECAP
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)

Jan. 5, 2011

Jan. 5, 2011

RECAP
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
699

STIPULATION and PROPOSED ORDER for Appoint New Special Master by US Attorney General. (Norwood, Anthony) (Entered: 01/06/2011)

Jan. 6, 2011

Jan. 6, 2011

PACER
700

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 01/10/11 ORDERING Gilbert Gembacz, nominated by defendants pursuant to Paragraph 9A of the Settlement Agreement, shall be appointed to serve as Special Master in place of Ms. Killefer.(Williams, D)

Jan. 10, 2011

Jan. 10, 2011

RECAP
701

NOTICE to RE-SCHEDULE HEARING on Motion 681 Hearing reset for 8/29/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Holguin, Charles) Modified on 6/27/2011 (Becknal, R). (Entered: 06/26/2011)

June 26, 2011

June 26, 2011

PACER
702

EXHIBIT Supplemental by California Coalition, Catholic Social Svcs, Ismael De La Cruz, Mercedes Aguilar De Lopez, David N Njoya, Gustavo Rodriguez, Anil K Urmil re 701 Notice to Reschedule Hearing on Motion. (Holguin, Charles) (Entered: 06/27/2011)

June 27, 2011

June 27, 2011

PACER
703

OPPOSITION to 681 Motion for Attorney Fees by US Attorney General. (Norwood, Anthony) Modified on 8/16/2011 (Meuleman, A). (Entered: 08/15/2011)

Aug. 15, 2011

Aug. 15, 2011

PACER
704

ORDER signed by Senior Judge Lawrence K. Karlton on 8/17/11: HEARING as to 681 MOTION for ATTORNEY FEES RESET for 9/26/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Kaminski, H)

Aug. 18, 2011

Aug. 18, 2011

RECAP
705

REPLY by California Coalition, Catholic Social Svcs, Ismael De La Cruz, Mercedes Aguilar De Lopez, David N Njoya, Gustavo Rodriguez, Anil K Urmil re 681 MOTION for ATTORNEY FEES and costs, 701 Notice to Reschedule Hearing on Motion, 704 Order, Set/Reset Motion Hearing. (Attachments: # 1Exhibit L, # 2Exhibit M)(Holguin, Charles) Modified on 8/23/2011 (Meuleman, A). (Entered: 08/22/2011)

Aug. 22, 2011

Aug. 22, 2011

PACER
707

CONSOLIDATED INDEX to Exhibits and Supplemental Exhibits in support of 681 Motion for Attorney's Fees and Costs filed by plaintiffs. (Attachments: # 1 Supplemental Exhibits Pt 1, # 2 Supplemental Exhibits Pt 2, # 3 Supplemental Exhibits Pt 3) (Holguin, Charles) Modified on 9/7/2011 (Marciel, M). (Entered: 09/06/2011)

Sept. 6, 2011

Sept. 6, 2011

PACER
706

PROPOSED ORDER granting 681 Attorney's Fees and Costs. (Holguin, Charles) Modified on 9/7/2011 (Marciel, M). (Entered: 09/06/2011)

Sept. 6, 2011

Sept. 6, 2011

PACER
708

EXHIBIT authenticating bill of costs re 681 Motion for Attorney Fees and Costs filed by Mercedes Aguilar De Lopez, California Coalition, Catholic Social Svcs. (Holguin, Charles) (Entered: 09/22/2011)

Sept. 22, 2011

Sept. 22, 2011

PACER
709

DECLARATION of Karena Heredia in SUPPORT OF 681 Motion for Attorney Fees and Costs. (Holguin, Charles) (Entered: 09/23/2011)

Sept. 23, 2011

Sept. 23, 2011

PACER
710

MOTION to Appear Telephonically or to Reschedule the Hearing set for 9/26/2011 by Defendants. (Norwood, Anthony) Modified on 9/26/2011 (Michel, G). (Entered: 09/25/2011)

Sept. 25, 2011

Sept. 25, 2011

PACER
711

MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: MOTION HEARING held on 9/26/2011 re 681, 701 Motion for Attorney Fees and Costs filed by Mercedes Aguilar De Lopez, California Coalition, Catholic Social Svcs. Plaintiff is instructed to file, within one week, a declaration with a recalculation of their sought fees using the CPI-U numbers for 2009, 2010 and 2011, as appropriate. Thereafter the matter will stand SUBMITTED. Plaintiffs Counsel Carlos Holguin present. Defendants Counsel No Appearance present. Court Reporter: D. Shepard. (Rivas, A) (Entered: 09/26/2011)

Sept. 26, 2011

Sept. 26, 2011

PACER
712

ORDER signed by Judge Lawrence K. Karlton on 9/26/2011 ORDERING 681 The court does not find oral argument to be necessary and will take the matter under submission on the papers. If either of the parties oppose the resulting order, they may file a motion for reconsideration. Within 7 days of issuance of this order, pltfs shall submit a declaration with a recalculation of their sought fees using the appropriate CPI-U numbers for each year. For work hours performed in 2011, pltfs will calculate their fee request using the CPI-U numbers for the appropriate month. (Reader, L)

Sept. 27, 2011

Sept. 27, 2011

RECAP
713

DECLARATION of Carlos Holguin re 681 updated EAJA Loadstar Calculation. (Holguin, Charles) Modified on 10/4/2011 (Marciel, M). (Entered: 10/03/2011)

Oct. 3, 2011

Oct. 3, 2011

PACER
715

DECLARATION of Judy London in support of 681 Motion for Attorney Fees and Costs. (Holguin, Charles) Modified on 10/5/2011 (Marciel, M) (Entered: 10/04/2011)

Oct. 4, 2011

Oct. 4, 2011

PACER
714

DECLARATION of Bernard P. Wolfsdorf in support 681 Motion for Attorney Fees and Costs. (Holguin, Charles) Modified on 10/5/2011 (Marciel, M). (Entered: 10/04/2011)

Oct. 4, 2011

Oct. 4, 2011

PACER
716

DECLARATION of Angelo Paparelli in SUPPORT OF 681 Motion for Attorney Fees and Costs. (Holguin, Charles) (Entered: 10/05/2011)

Oct. 5, 2011

Oct. 5, 2011

PACER
717

ORDER signed by Judge Lawrence K. Karlton on 11/14/11 ORDERING that Plaintiff's MOTION for Attorneys fees 681 is GRANTED, with $143,625 awarded for attorneys' fees, and $2,033.27 awarded for attorneys' costs. (Mena-Sanchez, L)

Nov. 15, 2011

Nov. 15, 2011

RECAP
718

DECLARATION of Richard S. Boswell regarding compensation under the 1/23/2004 settlement. (Zignago, K.) (Entered: 12/14/2012)

Dec. 13, 2012

Dec. 13, 2012

PACER
719

ORDER signed by Judge Lawrence K. Karlton on 3/1/13 ORDERING that Mr. Boswell's request for an order enforcing any compensation agreement with Defendants is DENIED. (Mena-Sanchez, L)

March 4, 2013

March 4, 2013

RECAP
720

STIPULATION and PROPOSED ORDER for appointment of special masters re 656 Order, by California Coalition, Catholic Social Svcs, Mercedes Aguilar De Lopez. (Holguin, Charles) (Entered: 03/21/2013)

March 21, 2013

March 21, 2013

PACER
721

STIPULATION AND ORDER signed by Judge Lawrence K. Karlton on 3/25/2013 APPOINTING Monika Sud-Devaraj and Richard Boswell to serve as Special Master in place of Messrs. Williamson and Gembacz. (Michel, G)

March 25, 2013

March 25, 2013

RECAP
722

REQUEST by Special Master Richard A. Boswell to compel payment for outstanding invoices and for reasonable fees enforcing the 1/23/2004 settlement. (Attachments: # 1 Proposed Order) (Becknal, R) (Entered: 05/10/2013)

May 8, 2013

May 8, 2013

PACER
723

OBJECTIONS to 722 Request for Compensation by Special Master by defendant INS. (Norwood, Anthony) Modified on 5/30/2013 (Marciel, M) (Entered: 05/28/2013)

May 28, 2013

May 28, 2013

PACER
724

STATEMENT of plaintiffs re: request to compel payment by Plaintiffs California Coalition, Catholic Social Svcs, Mercedes Aguilar De Lopez re 722 Request, 723 Objections. (Holguin, Charles) (Entered: 06/07/2013)

June 7, 2013

June 7, 2013

PACER
725

REPLY by Special Master, Richard A. Boswell, re 723 Objections to Request for Compensation. (Waggoner, D) (Entered: 06/10/2013)

June 10, 2013

June 10, 2013

PACER
726

ORDER signed by Judge Lawrence K. Karlton on 8/26/2013 ORDERING that defendants are hereby ORDERED to pay the Special Master $5,750.00 for outstanding invoices representing 92 appeals; the defendants' are FURTHER ORDERED to pay the Special Master reasonable fees and court costs associated with obtaining this order. (Reader, L)

Aug. 26, 2013

Aug. 26, 2013

RECAP
727

REQUEST for Payment of Reasonable Attorney Fees Related to this Court's Order of August 26, 2013 by Special Master Richard A. Boswell. (Robles, S) (Entered: 07/08/2014)

July 8, 2014

July 8, 2014

PACER
728

PROPOSED ORDER re REQUEST for Payment of Reasonable Attorney Fees Related to this Court's Order of August 26, 2013 by Richard A. Boswell. (Robles, S) (Entered: 07/15/2014)

July 15, 2014

July 15, 2014

PACER
729

ORDER signed by Judge Lawrence K. Karlton on 7/22/14 ORDERING Upon the July 8, 2014 request by the Special Master, Richard A. Boswell, in the above titled case (ECF No. 727 ), and pursuant to this Court's Order of August 26, 2013, Defendants, having filed no objection or opposition, are hereby ordered to pay the Special Master reasonable attorney fees in the amount of $26,475 in securing said order. (CC: Financial Dept) (Becknal, R)

July 22, 2014

July 22, 2014

RECAP
730

RESPONSE by INS to 727 Request. (Norwood, Anthony) (Entered: 07/24/2014)

July 24, 2014

July 24, 2014

PACER
731

ORDER signed by Judge Lawrence K. Karlton on 7/25/2014 ORDERING that the Special Master may file a response to defendants' 730 request within ten days from the date of this order. Thereafter the matter will be submitted for decision on the papers. (Zignago, K.)

July 25, 2014

July 25, 2014

RECAP
734

ORDER signed by Judge Lawrence K. Karlton on 8/28/2014 GRANTING IN PART 730 Request for Reconsideration; ORDERING the defendants to pay the Special Master reasonable fees associated with obtaining the 726 Order and this order in the amount of $15,977.00. (Michel, G)

Aug. 29, 2014

Aug. 29, 2014

RECAP

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

Available 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