Case: LULAC v. INS

2:87-cv-04757 | U.S. District Court for the Central District of California

Filed Date: July 22, 1987

Closed Date: April 25, 2007

Clearinghouse coding complete

Case Summary

This case, Newman v. INS (originally LULAC v. INS) was a companion case to Catholic Social Services v. Reno (IM-CA-11 of this collection). Both cases were filed by attorneys for the Center For Human Rights & Constitutional Law and challenged the INS' interpretation of the Immigration Reform and Control Act of 1986 ("IRCA"), which established a one-time only amnesty program through which aliens could apply for lawful temporary resident status. Catholic Social Services v. Reno was filed in Nov…

This case, Newman v. INS (originally LULAC v. INS) was a companion case to Catholic Social Services v. Reno (IM-CA-11 of this collection). Both cases were filed by attorneys for the Center For Human Rights & Constitutional Law and challenged the INS' interpretation of the Immigration Reform and Control Act of 1986 ("IRCA"), which established a one-time only amnesty program through which aliens could apply for lawful temporary resident status. Catholic Social Services v. Reno was filed in November 1986 in the U.S. District Court for the Eastern District of California and challenged the legality of the "advanced parole" provision of the IRCA. Newman v. INS was subsequently filed in 1987 in the U.S. District Court for the Central District of California. It challenged the INS' "facially valid visa" rule. Under that rule, aliens who briefly departed and returned to the U.S., but presented "facially valid" entry documents, were denied participation in the amnesty program and had their applications for legalization summarily denied. Another related case, Zambrano v. INS [IM-CA-8], was filed in U.S. District Court for the Eastern District of California in 1988 and challenged certain INS regulations which interpreted the IRCA.

Like the Catholic Social Services case, Newman v. INS was litigated for over 20 years and produced a complicated procedural history of appeals to and remands from the Ninth Circuit and Supreme Court. On several occasions, both cases were consolidated for purposes of appeal.

In Newman, the District Court (William D. Keller) initially struck down the "facially valid visa" rule and ordered the INS to allow individual class members additional time to refile legalization papers. The INS appealed and the Newman and CSS cases were consolidated and affirmed on appeal. Catholic Social Services, Inc. v. Thornburgh, 956 F.2d 914 (1992) . The case was appealed 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).

After the case was remanded to the District Court, Congress amended the immigration laws by enacting the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. A provision of that Act sought to limit court review of legalization claims. The INS maintained that the Act deprived the courts of jurisdiction in the Newman and Catholic Social Services cases. The Ninth Circuit held that the District Court had no jurisdiction in the Catholic Social Services case, Catholic Social Services v. Reno, 134 F.3d 921 (9th Cir. 1998), but declined to dismiss the Newman case, Newman v. INS, 141 F.3d 1178. (9th Cir. 1998).

On July 2, 1999, the District Court (Judge Keller) issued a permanent injunction in the Newman case which required the INS to accept and process legalization applications from "front-desked" class members. Judge Keller, however, dismissed the claims of the "constructively front-desked" applicants. Both parties appealed. In 2002, the Ninth Circuit affirmed the District Court's injunction, but reversed and remanded the case to the extent that the Court had dismissed the claims of the "constructively front-desked" applicants. Newman v. INS, 33 Fed.Appx. 328(9th Cir. 2001).

Settlement discussions soon followed and an agreement was reached in late 2003 in the both the Newman and Catholic Social Services cases. On February 18, 2004, District Judge Keller approved the Newman settlement, which allowed class members to apply for permanent resident status under the amnesty program beginning about March 2004. For the full settlement terms, see the Court's Order Approving Settlement of Class Action, which is part of the document collection for this case. Defendants agreed to pay Plaintiffs $1,900,000 in full settlement of all claims they had for attorneys' fees and costs.

On April 25, 2007, in accordance with the settlement agreement, Judge dismissed the case and dissolved any injunctive orders and other decisions previously entered.

Summary Authors

Miles Chan (8/5/2007)

Related Cases

Catholic Social Services v. Ashcroft, Eastern District of California (1986)

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

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/8883821/parties/league-of-united-lat-v-ins/


Judge(s)

Goodwin, Alfred Theodore (California)

Hawkins, Michael Daly (Arizona)

Hug, Procter Ralph Jr. (Nevada)

Keller, William Duffy (California)

Pregerson, Harry (California)

Sneed, Joseph Tyree III (California)

Souter, David Hackett (District of Columbia)

Weiner, Charles R. (Pennsylvania)

Attorneys(s) for Plaintiff

Holguín, Carlos R. (California)

Junowicz, Miranda D (California)

Judge(s)

Goodwin, Alfred Theodore (California)

Hawkins, Michael Daly (Arizona)

Hug, Procter Ralph Jr. (Nevada)

Keller, William Duffy (California)

Pregerson, Harry (California)

Sneed, Joseph Tyree III (California)

Souter, David Hackett (District of Columbia)

Weiner, Charles R. (Pennsylvania)

Attorneys(s) for Plaintiff

Holguín, Carlos R. (California)

Junowicz, Miranda D (California)

Kim, Deborah K. (California)

Kwoh, Stewart (California)

Lim, Deborah K. (California)

Mann, Ronald J. (District of Columbia)

Schey, Peter A. (California)

Song, Charles (California)

Attorneys(s) for Defendant

Abascal, Ralph Santiago (California)

Norwood, Anthony W. (District of Columbia)

Raymond, Robert R. (District of Columbia)

Van Der Hout, Marc (California)

Weidman, Leon W. (California)

Wu, George H. (California)

Documents in the Clearinghouse

Document

2:87-cv-04757

Docket

May 21, 2007

May 21, 2007

Docket

2:87-cv-04757

Opinion

Aug. 12, 1989

Aug. 12, 1989

Order/Opinion

91-01826

Opinion

Reno v. Catholic Social Services

Supreme Court of the United States

June 18, 1993

June 18, 1993

Order/Opinion

88-06447

Order

LULCA v. I.N.S.

U. S. Court of Appeals for the Ninth Circuit

July 7, 1993

July 7, 1993

Order/Opinion

2:87-cv-04757

96-56024

97-55098

Memorandum

Newman v. I.N.S.

U. S. Court of Appeals for the Ninth Circuit

March 24, 1998

March 24, 1998

Order/Opinion

2:87-cv-04757

99-56544

99-56950

Order

Newman v. I.N.S.

U. S. Court of Appeals for the Ninth Circuit

April 3, 2002

April 3, 2002

Order/Opinion

2:87-cv-04757

Notice of Proposed Settlement of Class Action

Newman v. Bureau of Citizenship and Immigration Services

July 9, 2003

July 9, 2003

Notice Letter
346

2:87-cv-04757

Order Approving Settlement of Class Action

Newman v. U.S. Citizenship and Immigration Service

Feb. 18, 2004

Feb. 18, 2004

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8883821/league-of-united-lat-v-ins/

Last updated Dec. 19, 2022, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed Summons(es) Issued referred to Discovery Joseph Reichmann (bg) (Entered: 07/22/1998)

July 22, 1987

July 22, 1987

PACER
56

FIRST AMENDED COMPLAINT [1-1] by plaintiffs. (lk) (Entered: 07/24/1998)

June 1, 1988

June 1, 1988

PACER
57

ANSWER filed by defendant INS, defendant DOJ, defendant Alan Nelson to amended complaint [56-1] (lk) (Entered: 07/24/1998)

June 21, 1988

June 21, 1988

PACER
70

OPINION & ORDER re relief, tht pltfs' reqst for inj relief is granted. ORD tht s/j re the relief available to pltfs in subclass one shall be ent in favor of pltfs in subclass one, fur ORD INS enjoined; fur ORD this crt shall retain juris (ENT 8/15/88) mld cpys & ntc prtys terminating case MD JS 6 (bg) (Entered: 07/22/1998)

Aug. 12, 1988

Aug. 12, 1988

PACER
119

2nd AMENDED COMPLAINT [56-1] by plaintiffs deemed filed as of this date per Min Ord dtd 7/12/95 (unable to locate). (lk) (Entered: 07/24/1998)

July 12, 1995

July 12, 1995

PACER
120

ANSWER filed by defendants to 2nd amended complaint [119-1] (lk) (Entered: 07/24/1998)

Sept. 11, 1995

Sept. 11, 1995

PACER
138

THIRD AMENDED COMPLAINT [119-1] terminating defendant Alan Nelson, defendant DOJ, plaintiff Graciela Padilla, plaintiff Martin Nava, plaintiff Mario Villa, plaintiff Martha Berumen, plaintiff Raul Berumen-Flores, plaintiff Angelene Scott, plaintiff One Stop Immigration, plaintiff Intl Institute, plaintiff Coalition for Visas, plaintiff United CA Mexican, plaintiff Coalition for Immigr, plaintiff Coalition for Humane, plaintiff Legalization Assist, plaintiff LA Cnty Federation, plaintiff Hermandad Mexicana, plaintiff American G I Forum, plaintiff League of United Lat; ADDING Felicity Mary Newman, Ivan Alberto Hernandez, Ivan Fuller, Susan Fuller, Jose Caetano Gardin, Gloria Alicia Alcantar, Andrzej Skobodzinski, Ludwik Mroczkowski, Doris Meissner . Summons not issued (lk) (Entered: 07/24/1998)

June 4, 1996

June 4, 1996

PACER
141

ANSWER filed by defendant INS, defendant DOJ to third amended complaint [138-1] (lk) (Entered: 07/24/1998)

July 3, 1996

July 3, 1996

PACER
150

MINUTES: Hgr on dfts mtn to dism clsm of Ivan and Susan Fuller. Dft mtn is granted and Claims are dism w/prejudice w/each side to bear own costs & fees terminating party Susan Fuller, party Ivan Fuller by Judge William D. Keller (ENT 9/23/96) mld cpys (lk) (Entered: 07/24/1998)

Sept. 16, 1996

Sept. 16, 1996

PACER
205

FIFTH AMENDED COMPLAINT [138-1] by Felicity Mary Newman, Ivan Alberto Hernandez, Ivan Fuller, Susan Fuller, Jose Caetano Gardin, Gloria Alicia Alcantar, Andrzej Skobodzinski, Ludwik Mroczkowski; ADDING Arun Bhola, Ashwani Bhola, Maroun Tabet, Brent Boucaud, June Boucaud, Von Carlos Cruz, Amir Saeed-Tehrani, Maria Guadalupe Morales-Baldera . Summons not issued (lk) (Entered: 07/24/1998)

May 26, 1998

May 26, 1998

PACER
211

THIRD STIPULATION and ORDER by Judge William D. Keller extending time for dfts INS to resp to 5th amd cmp to August 13, 1998. (lk) Modified on 07/23/1998 (Entered: 07/23/1998)

July 14, 1998

July 14, 1998

PACER
212

THIRD STIPULATION and ORDER by Judge William D. Keller that dfts time to ans or plea in resp to 5th amd cmp is ext to August 13, 1998 (lk) (Entered: 08/21/1998)

July 14, 1998

July 14, 1998

PACER

LODGED CC 9thcca The Jgmt of Dist Crt hereby is REMANDED. (FWD TO CRD) (weap)

July 14, 1998

July 14, 1998

PACER
209

CERTIFIED COPY of Appellate Court Order: It is ORd that the jgm of said District Court in this cause be, and herby is remanded. Appeal No 96-56024 (ENT 7/20/98) (lk) Modified on 07/24/1998 (Entered: 07/23/1998)

July 17, 1998

July 17, 1998

PACER
210

It is Ord that the MANDATE from Circuit Court of Appeals remanding is hereby filed and spread upon the mins of this USDC. Appeal No 96-56024 MD JS-5 mld cpys (lk) Modified on 07/24/1998 (Entered: 07/23/1998)

July 17, 1998

July 17, 1998

PACER

CASE REOPENED pursuant to Appelate Order remanding case back to USDC. (lk) Modified on 07/24/1998

July 17, 1998

July 17, 1998

PACER
213

ANSWER filed by defendant INS, defendant Doris Meissner to 5th amended complaint [205-1] (lk) Modified on 08/21/1998 (Entered: 08/17/1998)

Aug. 13, 1998

Aug. 13, 1998

PACER

LODGED 9th CCA Ord jgm of said Dist Crt in this cause is remanded. (FWD TO CRD) CA #96-56024, #97-55098 (dlu)

Aug. 17, 1998

Aug. 17, 1998

PACER
214

Amded CERTIFIED COPY of Appellate Court Order: tht the jgm of the said Dsitr Crt in this cause be, & hereby is rmded. (Ent 8/25/98), mld cpies & nots. (lori) (Entered: 08/25/1998)

Aug. 24, 1998

Aug. 24, 1998

PACER
215

The crt ords tht the MANDATE from Circuit Court of Appeals; rmding is hereby filed & spread upon the mins of this USDC. (lori) (Entered: 08/25/1998)

Aug. 24, 1998

Aug. 24, 1998

PACER
216

MINUTES: ; mandatory status conference set on 1:00 11/16/98 by Judge William D. Keller CR: n/a (twdb) (Entered: 10/06/1998)

Oct. 2, 1998

Oct. 2, 1998

PACER
218

JOINT STATUS REPORT (twdb) (Entered: 11/12/1998)

Nov. 6, 1998

Nov. 6, 1998

PACER
217

JOINT STATUS REPORT (twdb) (Entered: 11/12/1998)

Nov. 9, 1998

Nov. 9, 1998

PACER
219

JOINT STATUS REPORT (twdb) (Entered: 11/18/1998)

Nov. 16, 1998

Nov. 16, 1998

PACER
220

MINUTES: ; mandatory status conference held ; pretrial conference on 1:00 6/7/99 ; trial set on 9:30 6/22/99 . Absent exceptional circumstances, mots in limine must be filed by 6/7/99. Opps to mots in limine must be filed by 6/14/99. Hrg on mots in limine will be 6/22/99. All dispositive mots must be heard by 5/24/99. All discov must be completed by 4/1/99. Mots to amd pldgs to join other ptys must be filed by 12/16/98. by Judge William D. Keller CR: William Stephens (twdb) (Entered: 11/23/1998)

Nov. 16, 1998

Nov. 16, 1998

PACER
221

Joint STIPULATION re discovery dispute (bg) (Entered: 03/16/1999)

March 11, 1999

March 11, 1999

PACER
223

NOTICE OF MOTION AND MOTION by defendant re discovery dispute ; motion hearing set for 3:00 3/29/99 (bg) (Entered: 03/17/1999)

March 11, 1999

March 11, 1999

PACER
222

NOTICE of reassignment of case due to unavailability of judicial officer. Accordingly, this case has been randomly reassigned to Magistrate Judge Carla M. Woehrle for any discovery matters that may be referred. Case now reads as CV 87-4757 WDK (CWx) (cc: all counsel) (rn) (Entered: 03/16/1999)

March 15, 1999

March 15, 1999

PACER
224

Suppl MEMORANDUM by defendant re discovery dispute (twdb) (Entered: 03/24/1999)

March 19, 1999

March 19, 1999

PACER
225

NOTICE of cont of hrg re discov dispute (twdb) (Entered: 03/25/1999)

March 23, 1999

March 23, 1999

PACER
226

MINUTES: Joint discovery dispute. Case called. Oral argument held wi cnsl. Crt makes its ruling on the record. Cnsl for dft to prepare prop ord and lodge wi the crt for signature. by Discovery Carla M. Woehrle CR: 99-8 (twdb) (Entered: 04/08/1999)

March 30, 1999

March 30, 1999

PACER
227

STIPULATION re plfs' discov to dfts and ORDER by Discovery Carla M. Woehrle (lori) (Entered: 04/19/1999)

April 14, 1999

April 14, 1999

PACER
228

OBJECTIONS by plaintiff to prop ord compelling discov (twdb) (Entered: 04/23/1999)

April 21, 1999

April 21, 1999

PACER

LODGED/PROPOSED ORDER submitted by plaintiff for objection [228-1] .(FWD TO CRD) (twdb)

April 21, 1999

April 21, 1999

PACER
229

PROTECTIVE ORDER re dfts discovery to plfs by Judge William D. Keller (cc: all counsel) (twdb) (Entered: 04/27/1999)

April 23, 1999

April 23, 1999

PACER
230

ORDER following March 30, 1999 hrg on dfts mot to compel by Discovery Carla M. Woehrle (twdb) (Entered: 04/27/1999)

April 23, 1999

April 23, 1999

PACER
231

Dft's REPLY to plfs objs to prop ord compelling discov (twdb) (Entered: 04/29/1999)

April 26, 1999

April 26, 1999

PACER
232

EX PARTE APPLICATION filed by defendant INS to extend time for dfts' discovery & dispositive motions Lodged prop order (bg) (Entered: 05/05/1999)

April 30, 1999

April 30, 1999

PACER
238

NOTICE OF MOTION AND MOTION by plaintiff for partial summary judgment, for issuance of final injunctive relief, for order for ntc to class of issuance of final injunctive rel and appointment of special master ; motion hearing set for 10:00 5/24/99 (twdb) (Entered: 05/14/1999)

May 3, 1999

May 3, 1999

PACER
239

Exhibits [vol 1 of 4; exhs 1-3] by plaintiff in suppt of motion for partial summary judgment [238-1], motion for issuance of final injunctive relief [238-2], motion for order for ntc to class of issuance of final injunctive rel and appointment of special master [238-3] (twdb) (Entered: 05/14/1999)

May 3, 1999

May 3, 1999

PACER
240

Exhibits in support by plaintiff to motion for partial summary judgment [238-1] Vol 2 of 5 Exh 4-8 (bg) Modified on 05/18/1999 (Entered: 05/18/1999)

May 3, 1999

May 3, 1999

PACER
241

exhibits in support by plaintiff to motion for partial summary judgment [238-1] Vol 3 fo 4 Exhibits 9-15 (bg) (Entered: 05/18/1999)

May 3, 1999

May 3, 1999

PACER
242

Notice of filing of exhibits by plaintiff to motion for partial summary judgment [238-1] Vol 4 of 4 exhts 16-19 (bg) (Entered: 05/18/1999)

May 3, 1999

May 3, 1999

PACER
233

Unopposed EX PARTE APPLICATION filed by plaintiff for order to file plfs Ntc of motions & mots for 1)partial sum jgm 2)issuance of final injunc relief 3) ntc to class of issuance of final injunc relief and 4) apptmnt of special master Lodged prop ord (twdb) (Entered: 05/07/1999)

May 6, 1999

May 6, 1999

PACER
234

NOTICE OF DISCREPANCY AND ORDER by Judge William D. Keller that mot for S/J rcd 5/3/99 is not to be filed but instead rejected ord returned to cnsl (twdb) (Entered: 05/10/1999)

May 6, 1999

May 6, 1999

PACER
235

Partial OPPOSITION by plaintiff to prop exparte motion to extend time for dfts' discovery & dispositive motions [232-1] (twdb) (Entered: 05/11/1999)

May 7, 1999

May 7, 1999

PACER
236

EX PARTE APPLICATION filed by defendant to extend time to resp to plfs mot for sum jgm & complete discov Lodged prop ord (twdb) (Entered: 05/12/1999)

May 10, 1999

May 10, 1999

PACER

PLACED IN FILE - NOT USED re Proposed order. (yc)

May 10, 1999

May 10, 1999

PACER
237

MINUTES: The crt sets the following: Mr. Norwood sh file a resp not to exceed 20 pages to plfs mot for sum jgm, and associated mot to dism, no later than 5/26/99. Mr. Schey sh file a resp not to exceed 15 pages, no later than 6/1/99. Setting hearing on exparte motion to extend time to resp to plfs mot for sum jgm & complete discov [236-1] 3:00 6/7/99, setting hearing on exparte motion to extend time for dfts' discovery & dispositive motions [232-1] 3:00 6/7/99 by Judge William D. Keller CR: Maria Beesley (twdb) (Entered: 05/13/1999)

May 12, 1999

May 12, 1999

PACER

PLACED IN FILE - NOT USED, Proposed order. (yc)

May 12, 1999

May 12, 1999

PACER

PLACED IN FILE - NOT USED re (Proposed) order granting ex parte appl to file mots & supporting docs in excess of twenty-five pages. (yc)

May 12, 1999

May 12, 1999

PACER
245

RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 3/30/99 CR: D. Babykin (dlu) (Entered: 05/28/1999)

May 24, 1999

May 24, 1999

PACER

TRANSCRIPT filed for proceedings held on 3/30/99 (dlu)

May 24, 1999

May 24, 1999

PACER
243

NOTICE OF MOTION AND MOTION by defendant for judgment on the pleadings, or for summary judgment, and to vacate prior order ; motion hearing set for 3:00 6/7/99 Lodged stmnt of uncontroverted & prop jgm (bg) (Entered: 05/28/1999)

May 26, 1999

May 26, 1999

PACER
244

exhibits to dfts' opposition by defendant to motion for partial summary judgment [238-1], motion for judgment on the pleadings [243-1] (bg) (Entered: 05/28/1999)

May 26, 1999

May 26, 1999

PACER
246

MINUTES: resetting hearing on motion for summary judgment [243-2] 3:00 6/21/99 ; pretrial conference on 3:00 6/21/99 by Judge William D. Keller CR: n/a (twdb) (Entered: 06/02/1999)

June 1, 1999

June 1, 1999

PACER
247

REPLY by plaintiff Maria Guadalupe Morales-Baldera, plaintiff Amir Saeed-Tehrani, plaintiff Von Carlos Cruz, plaintiff June Boucaud, plaintiff Brent Boucaud, plaintiff Maroun Tabet, plaintiff Ashwani Bhola, plaintiff Arun Bhola, plaintiff Ludwik Mroczkowski, plaintiff Andrzej Skobodzinski, plaintiff Gloria Alicia Alcantar, plaintiff Jose Caetano Gardin, plaintiff Ivan Alberto Hernandez, plaintiff Felicity Mary Newman re motion for S/J; oppos to motn for judgment on the pleadings of S/J & to vacate prior order [243-2] (ca) (Entered: 06/07/1999)

June 1, 1999

June 1, 1999

PACER
248

SUPPLEMENT EXHIBITS IN SUPPORT by plaintiff Andrzej Skobodzinski, plaintiff Gloria Alicia Alcantar, plaintiff Jose Caetano Gardin, plaintiff Ivan Alberto Hernandez, plaintiff Felicity Mary Newman re Motion for judgment on the pleadings [243-1], re Motion for summary judgment [243-2] (ca) (Entered: 06/07/1999)

June 1, 1999

June 1, 1999

PACER
249

SECOND SUPPLEMENTAL by plaintiff Maria Guadalupe Morales-Baldera, plaintiff Amir Saeed-Tehrani, plaintiff Von Carlos Cruz, plaintiff June Boucaud, plaintiff Brent Boucaud, plaintiff Maroun Tabet, plaintiff Ashwani Bhola, plaintiff Arun Bhola, plaintiff Ludwik Mroczkowski, plaintiff Andrzej Skobodzinski, plaintiff Gloria Alicia Alcantar, plaintiff Jose Caetano Gardin, plaintiff Ivan Alberto Hernandez, plaintiff Felicity Mary Newman re Motion for Summary Judgment [243-2] & in oppos to dfts motn for S/J (ca) (Entered: 06/22/1999)

June 18, 1999

June 18, 1999

PACER
250

Third suppl EXHIBITS in suppt of motions for sum jgm, etc, & in opp to dfts mot for sum jgm [249-1] (twdb) (Entered: 06/23/1999)

June 22, 1999

June 22, 1999

PACER
251

Fourth suppl exhs by plaintiff in suppt of motions for summary judgment etc., and in opp to dfts mot for sum jgm [243-2] (twdb) (Entered: 06/24/1999)

June 22, 1999

June 22, 1999

PACER
252

MINUTES: via telephone conf call: that plfs' motions shd be granted, in part, and denied, in part for reasons stated on the record. Accordingly, it is aordered as ff: 1) sum jgm shl iss in favor of plfs Amir Saeed-Tehrani & Maria Guadalupe Morales-Baldera on plfs' 2nd clm of relief; 2) dfts & ea of them are permanently enjoined a ffs: (see doc for details No. 2 (a) to (d)) terminating case by Judge William D. Keller CR: Maria Beesley (ENT 7/6/99) MD JS-6, mld cpys & ntcd (el) (Entered: 07/06/1999)

July 2, 1999

July 2, 1999

PACER
253

RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 6/21/99 (Re: ) CR: Maria Beesley (weap) (Entered: 07/20/1999)

July 15, 1999

July 15, 1999

PACER

TRANSCRIPT filed for proceedings held on 6/21/99 (weap)

July 15, 1999

July 15, 1999

PACER
254

RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 6/23/99 CR: Maria Beesley (dlu) (Entered: 08/19/1999)

Aug. 19, 1999

Aug. 19, 1999

PACER

TRANSCRIPT filed for proceedings held on 6/23/99 (dlu)

Aug. 19, 1999

Aug. 19, 1999

PACER
255

NOTICE OF APPEAL by defendant Immigration & Naturalization Service, defendant Doris Meissner to 9th C/A from Dist. Court Mins fld 7/2/99 & ent 7/6/99 [252-2] (cc: Anthony W. Norwood; Peter A. Schey, Stewart Kwoh; Deborah K. Lim; Van Der Hout & Brigagliano; Alejandro N. Mayorkas ) Fee: Waived (weap) (Entered: 08/27/1999)

Aug. 26, 1999

Aug. 26, 1999

PACER
256

NOTICE OF APPEAL by plaintiffs Felicity Mary Newman,Ivan Alberto Hernandez,Jose Caetano Gardin,Gloria Alicia Alcantar,Andrzej Skobodzinski,Ludwik Mroczkowski,Arun Bhola,Ashwani Bhola,Maroun Tabet,Brent Boucaud,June Boucaud,June Boucaud,Von Carlos Cruz,Amir Saeed-Tehrani & Maria Guadalupe Morales-Baldera to 9th C/A from Dist. Court min ord ent 7/6/99 [252-2] (cc: Peter A.Schey & Carlos R. Holgun;Stewart Kwoh;Deborah K. Lim;Marc Van Der Hout; Anthony W. Norwood) Fee: Paid. (ghap) (Entered: 09/09/1999)

Aug. 30, 1999

Aug. 30, 1999

PACER
257

RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 7/1/99, 7/2/99 (Re: [256-1], [255-1] ) CR: Maria Beesley (pjap) (Entered: 09/14/1999)

Sept. 9, 1999

Sept. 9, 1999

PACER

TRANSCRIPT filed for proceedings held on 7/2/99 (pjap)

Sept. 9, 1999

Sept. 9, 1999

PACER

TRANSCRIPT filed for proceedings held on 7/1/99 (pjap)

Sept. 9, 1999

Sept. 9, 1999

PACER
258

RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 7/1/99, 7/2/99 (Re: [256-1], [255-1] ) CR: Maria Beesley (wdc) (Entered: 09/15/1999)

Sept. 14, 1999

Sept. 14, 1999

PACER

TRANSCRIPT filed for proceedings held on 7/1/99 (wdc)

Sept. 14, 1999

Sept. 14, 1999

PACER

TRANSCRIPT filed for proceedings held on 7/2/99 (wdc)

Sept. 14, 1999

Sept. 14, 1999

PACER
259

TRANSCRIPT DESIGNATION and ordering form for dates: 6/21/99, 6/22/99, 6/23/99, 7/1/99, 7/2/99 re transcript [258-1], re transcript [257-1], re transcript [254-1], re transcript [253-1], re transcript [245-1] CR: Maria Beesley (fvap) (Entered: 09/23/1999)

Sept. 23, 1999

Sept. 23, 1999

PACER
260

NOTIFICATION by Circuit Court of Appellate Docket Number appeal [255-1] 99-56544 (wdc) (Entered: 10/13/1999)

Oct. 13, 1999

Oct. 13, 1999

PACER
261

TRANSCRIPT DESIGNATION and ordering form. (ghap) (Entered: 10/15/1999)

Oct. 13, 1999

Oct. 13, 1999

PACER
262

RECEIPT OF TRANSCRIPT of proceedings for the following date: 6/22/99 (Re: [256-1], [255-1] ) CR: Maria Beesley (wdc) (Entered: 11/02/1999)

Nov. 2, 1999

Nov. 2, 1999

PACER

TRANSCRIPT filed for proceedings held on 6/22/99 (wdc)

Nov. 2, 1999

Nov. 2, 1999

PACER
263

CERTIFICATE of Record Transmitted to USCA (99-56544) (cc: all parties) (pjap) (Entered: 11/15/1999)

Nov. 15, 1999

Nov. 15, 1999

PACER
264

NOTIFICATION by Circuit Court of Appellate Docket Number appeal [256-1] 99-56950 (ghap) (Entered: 01/05/2000)

Jan. 5, 2000

Jan. 5, 2000

PACER
265

CERTIFICATE of Record Transmitted to USCA #99-56950 (cc: all parties) (dlu) (Entered: 01/24/2000)

Jan. 24, 2000

Jan. 24, 2000

PACER
266

RECORD on appeal returned from U.S. Court of Appeals transcripts: 2 (wdc) (Entered: 06/22/2000)

June 16, 2000

June 16, 2000

PACER
267

EX PARTE APPLICATION filed by plaintiff for temporary restraining order, and for osc re contempt (lc) (Entered: 12/04/2000)

Dec. 1, 2000

Dec. 1, 2000

PACER
268

NOTICE OF WITHDRAWAL by plf withdrawing exparte motion for temporary restraining order [267-1], withdrawing exparte motion for osc re contempt [267-2] (twdb) (Entered: 12/11/2000)

Dec. 8, 2000

Dec. 8, 2000

PACER
269

NOTICE OF MOTION AND MOTION by plaintiff Muhammad Zadek to enforce Permanent Injuction ; motion hearing set for 10:00 1/8/01; Memo of P/A & exhs (ir) (Entered: 12/21/2000)

Dec. 18, 2000

Dec. 18, 2000

PACER
270

NOTICE OF WITHDRAWAL by plaintiffs withdrawing motion to enforce Permanent Injuction [269-1] (twdb) (Entered: 12/29/2000)

Dec. 28, 2000

Dec. 28, 2000

PACER
271

RECORD on appeal returned from U.S. Court of Appeals transcripts: 3 (weap) (Entered: 03/12/2001)

March 1, 2001

March 1, 2001

PACER
272

CC ORDER FROM USCA: Purs to 5/9/00 order, panel of Judges Pregerson, Hawkins & Weiner assumes jurisdiction over these apps. The 2/5/02 mot of applnts/x-aplles for ext of time in which to resp to 1/28/02 mot is GR. Resp due 2/15/02. Due date for optional reply, as well as sched for briefing any x-mot shall be governed by FRAP 27. Panel has determined that it would be most efficient & convenient for court to set this matter for oral argument on merits in 4/02. Accordingly, brief sched will now be set &, while briefing proceeds, panel will consider reqs made in pending mot, any resp & any x-mot. If warranted by decision on mot(s), oral argument & any remaining portion of brief sched will be modified or vacated by future ord. Opening brief fld 1/14/00, is stricken, w/out prej to incorporating any relevant arguments made therein in new opening brief. Brief sched for these x-apps set (See document for details). Ptys shall serve & file their briefs on each other & w/this court using overnight delivery or similarly expeditious method. Because any ext of time will likely necessitate recalendaring, 9th Circuit Rule 31-2.2(a) shall not apply to this app & written mots for exts of time in which to file briefs will not be GR absent a showing of extraordinary & compelling circumstances. Clk shall calendar these x-apps to be heard on Wednesday, 4/3/02 at 8:00 a.m., in Pasadena, CA. (99-56544, 99-56950) (pjap) (Entered: 02/22/2002)

Feb. 19, 2002

Feb. 19, 2002

PACER
273

MINUTES: (IN CHAMBERS) In light of the 9th Circuit's Ord fld 4/15/02 in Case Nos 99-56544 & 99-56950, Crt HEREBY ORD the ptys to file a joint status rpt suggesting a procedure for resolving this litigation; The rpt must be fld w/Crt NLT 5/17/02 w/courtesy copies sent to chambers; Crt FUR ORD that this matter is set for a telephonic status conference for 12:00 5/20/02 ; Trial cnsl are to coordinate w/Crt Clk Jovita Illagan @ 213-894-5350 re time of this status conf IT IS SO ORD by Judge William D. Keller CR: Not Present (ir) (Entered: 05/06/2002)

May 3, 2002

May 3, 2002

PACER
274

MINUTES: (IN CHAMBERS) Crt ORD that this matter is set for a telephonic status conference for 1:00 5/20/02 IT IS SO ORD by Judge William D. Keller CR: Not Present (ir) (Entered: 05/07/2002)

May 6, 2002

May 6, 2002

PACER
275

STATUS REPORT by plaintiff (lc) (Entered: 05/17/2002)

May 17, 2002

May 17, 2002

PACER
276

REPORT to the Crt re fur proceedings in this case filed by defendant INS (ir) (Entered: 05/20/2002)

May 20, 2002

May 20, 2002

PACER
277

MINUTES: Telephonic Status conference ; Ptys appeared for a status conf on 5/20/02; Crt hereby Ord matter stayed until 5/29/02 ; As discussed in open Crt, the Crt fur ord a Joint Stmt from ptys concerning the LIFE Act to be fld on 5/30/02 IT IS SO ORD by Judge William D. Keller CR: Roger May (ir) (Entered: 05/22/2002)

May 20, 2002

May 20, 2002

PACER
278

MAIL Returned [273-1], [273-2] addressed to Notice to party Ellen Sam @ Asian Pacific American Legal Center @ 1010 S Flower St, Ste 302 LA, CA 90015-0000 (ir) (Entered: 05/28/2002)

May 24, 2002

May 24, 2002

PACER
279

MAIL Returned [273-1], [273-2] addressed to Notice to party Stewart Kwoh @ Asian Pacific American Legal Center @ 1010 S Flower St, Ste 302 LA, CA 90015-0000 (ir) (Entered: 05/28/2002)

May 24, 2002

May 24, 2002

PACER
280

MAIL Returned addressed to Notice to partys Stewart Kwoh, Ellen Sam @ Asian Pacific American Legal Center @ 1010 S Flower St, Ste 302 LA, CA 90015 (Min Ord fld 5/3/02 sent by CRD) (ir) (Entered: 05/28/2002)

May 24, 2002

May 24, 2002

PACER
281

STIPULATION and ORDER by Judge William D. Keller Time for ptys to file a Rpt to the Crt re The Life Act is ext from 5/30/02 to & incl 6/6/02 (ir) (Entered: 06/06/2002)

June 5, 2002

June 5, 2002

PACER
282

DEFENDANT'S REPORT to Crt filed (ir) (Entered: 06/12/2002)

June 10, 2002

June 10, 2002

PACER

LODGED CC 9th CCA JGM of said Dist Crt hereby is affrm as to 99-56544, vac/rmd as to 99-56950). (99-56544, 99-56950) (FWD TO CRD) (weap)

June 10, 2002

June 10, 2002

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: July 22, 1987

Closing Date: April 25, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All aliens whose applications for legalization through the amnesty program of the Immigration Reform and Control Act of 1986 were denied because of the INS’ “facially valid visa” rule.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Human Rights & Constitutional Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Immigration and Naturalization Services, Federal

Case Details

Causes of Action:

Immigration Reform and Control Act of 1986 (IRCA)

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

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2004 - 2007

Issues

Immigration/Border:

Admission - criteria

Admission - procedure

Constitutional rights

Legalization/Amnesty

Temporary protected status

Undocumented immigrants - rights and duties

U.S. citizenship - acquiring

Visas - criteria

Visas - procedures