Case: Manwani v. U.S. Dept. of Justice

3:88-00041 | U.S. District Court for the Western District of North Carolina

Filed Date: Jan. 26, 1988

Closed Date: 1990

Clearinghouse coding complete

Case Summary

In 1988, Katherina Manwani, a native-born citizen of the U.S., and her husband Prakash Manwani, a citizen of India and legal alien resident, brought suit in the U.S. District Court of North Carolina, challenging the constitutionality of section 5(b) of the Immigration Marriage Fraud Amendments of 1986, 8 U.S.C. § 1154(h), which imposed a mandatory two-year foreign residency requirement on all aliens entering into marriages with U.S. citizens while their deportation proceedings were pending.The …

In 1988, Katherina Manwani, a native-born citizen of the U.S., and her husband Prakash Manwani, a citizen of India and legal alien resident, brought suit in the U.S. District Court of North Carolina, challenging the constitutionality of section 5(b) of the Immigration Marriage Fraud Amendments of 1986, 8 U.S.C. § 1154(h), which imposed a mandatory two-year foreign residency requirement on all aliens entering into marriages with U.S. citizens while their deportation proceedings were pending.

The Manwanis began dating in 1984, when Mr. Manwani was legally in the U.S. In May 1986, the INS initiated deportation proceedings against Mr. Manwani because he overstayed his tourist visa. The couple was married in May 1987 and had a child on November 16, 1988. This suit followed.

The parties filed cross-motions for summary judgment. On April 23, 1990, the District Court (Judge James Bryan McMillan) issued detailed findings of fact and conclusions of law, entering judgment in favor of plaintiffs. Judge McMillan found that the section in question violated the Due Process and Equal Protection Clauses of the Fifth Amendment. Manwani v. U.S. Department of Justice, 736 F. Supp. 1367 (W.D.N.C. 1990).

We have no further information on this case.

Summary Authors

Stephen Imm (8/20/2007)

People


Judge(s)

McMillan, James Bryan (North Carolina)

Attorneys(s) for Plaintiff

Gordan, Alan S. (North Carolina)

Guttentag, Lucas (New York)

Rabinovitz, Judy (New York)

Attorneys(s) for Defendant

Bernal, David V. (District of Columbia)

Lyons, Charles E. (District of Columbia)

Judge(s)

McMillan, James Bryan (North Carolina)

Attorneys(s) for Plaintiff

Gordan, Alan S. (North Carolina)

Guttentag, Lucas (New York)

Rabinovitz, Judy (New York)

Attorneys(s) for Defendant

Bernal, David V. (District of Columbia)

Lyons, Charles E. (District of Columbia)

Documents in the Clearinghouse

Document

3:88-00041

Opinion

Manwani v. US Dept. of Justice

736 F.Supp. 1367

April 23, 1990

April 23, 1990

Order/Opinion

Resources

Docket

Last updated Aug. 9, 2022, 3:04 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: North Carolina

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Jan. 26, 1988

Closing Date: 1990

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Mrs. Katherina Manwani, native born citizen of U.S. and Mr. Prakash Manwani, husband, who challenged constitutionality of a section 5(b) the of Immigration Marriage Fraud Amendments of 1986, 8 U.S.C. § 1154(h).

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Immigrants' Rights Project

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Immigration and Naturalization Service , Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

Discrimination-basis:

Family discrimination

Immigration/Border:

Constitutional rights

Deportation - criteria

Deportation - procedure

Family Separation

U.S. citizenship - acquiring