Case: Azizi v. Thornburgh

2:87-cv-00957 | U.S. District Court for the District of Connecticut

Filed Date: Dec. 9, 1987

Closed Date: 1990

Clearinghouse coding complete

Case Summary

On December 9, 1987, an alien and his citizen spouse brought suit in the District Court of Connecticut, challenging Section 5 of the Immigration and Marriage Fraud Amendments of 1986, 8 U.S.C. §§ 1154 (h) and 1255(e). The challenged section required that undocumented aliens who married U.S. citizens during their deportation proceedings must commit to a two-year separation, during which the undocumented alien must return to his or her country of origin. Plaintiffs asserted that the provision v…

On December 9, 1987, an alien and his citizen spouse brought suit in the District Court of Connecticut, challenging Section 5 of the Immigration and Marriage Fraud Amendments of 1986, 8 U.S.C. §§ 1154 (h) and 1255(e). The challenged section required that undocumented aliens who married U.S. citizens during their deportation proceedings must commit to a two-year separation, during which the undocumented alien must return to his or her country of origin. Plaintiffs asserted that the provision violated their right to equal protection and their substantive due process right to marriage.

Both parties filed cross-motions for summary judgment. On August 2, 1989, the District Court (Judge Alan H. Nevas) granted defendants' motion and dismissed the action. The Court reasoned that the constitutionally protected right to marry did "not include a citizen spouse's interest in having the alien spouse remain in the United States." Azizi v. Thornburgh, 719 F. Supp, 91. (D. Conn. 1989) Plaintiffs appealed and the Court of Appeals for the Second Circuit affirmed the dismissal. Azizi v. Thornburgh, 908 F.2d 1130 (2nd Cir. 1990).

Summary Authors

Stephen Imm (8/20/2007)

People


Judge(s)

Cardamone, Richard J. (New York)

Feinberg, Wilfred (New York)

Miner, Roger Jeffrey (New York)

Nevas, Alan Harris (Connecticut)

Attorneys(s) for Plaintiff

Guttentag, Lucas (New York)

Mrotek, Ryszard S. (Colorado)

Rabinovitz, Judy (New York)

Stone, Martha (New York)

Tegeler, Philip D. (Connecticut)

Attorneys(s) for Defendant

Anastasi, William J. (Connecticut)

Judge(s)

Cardamone, Richard J. (New York)

Feinberg, Wilfred (New York)

Miner, Roger Jeffrey (New York)

Nevas, Alan Harris (Connecticut)

Attorneys(s) for Plaintiff

Guttentag, Lucas (New York)

Mrotek, Ryszard S. (Colorado)

Rabinovitz, Judy (New York)

Stone, Martha (New York)

Tegeler, Philip D. (Connecticut)

Attorneys(s) for Defendant

Anastasi, William J. (Connecticut)

Bernal, David V. (District of Columbia)

Gerson, Stuart M. (District of Columbia)

Griffin, Nancy L. (Connecticut)

Kline, David J. (District of Columbia)

Twardy, Stanley A. Jr. (Connecticut)

Other Attorney(s)

Schuck, Peter H. (Connecticut)

Documents in the Clearinghouse

Document

2:87-cv-00957

Docket (PACER)

Aug. 4, 1989

Aug. 4, 1989

Docket

2:87-cv-00957

Opinion

Aug. 2, 1989

Aug. 2, 1989

Order/Opinion

89-06222

Opinion

U. S. Court of Appeals for the Second Circuit

July 5, 1990

July 5, 1990

Order/Opinion

Docket

Last updated Sept. 23, 2022, 11:06 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Connecticut

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Dec. 9, 1987

Closing Date: 1990

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An illegal alien married and his naturalized citizen wife, who were married during deportation proceedings

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Attorney General of the United States , Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Immigration/Border:

Admission - criteria

Constitutional rights

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Family Separation

U.S. citizenship - acquiring