Case: American-Arab Anti-Discrimination Committee v. Ashcroft

2:87-cv-02107 | U.S. District Court for the Central District of California

Filed Date: April 3, 1987

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On April 3, 1987, eight resident aliens filed suit under 42 U.S.C. § 1983 in the U.S. District Court for the Central District of California, claiming that the federal government targeted them for deportation because of their affiliation with the Popular Front for the Liberation of Palestine (PFLP), a group that the government deemed to be an international terrorist and communist organization. The government had charged all eight plaintiffs under the McCarran Walter Act, which provided for depor…

On April 3, 1987, eight resident aliens filed suit under 42 U.S.C. § 1983 in the U.S. District Court for the Central District of California, claiming that the federal government targeted them for deportation because of their affiliation with the Popular Front for the Liberation of Palestine (PFLP), a group that the government deemed to be an international terrorist and communist organization. The government had charged all eight plaintiffs under the McCarran Walter Act, which provided for deportation of aliens who advocated communism. Plaintiffs alleged that the government was selectively enforcing the law in violation of plaintiffs' First Amendment rights. They sought an injunction to stop the pending deportation proceedings. A second amended complaint was filed on June 15, 1988, which added a Fifth Amendment claim.

On April 5, 1991, the McCarran Walter Act was repealed. The government instituted new proceedings against plaintiffs Hamide and Shehadeh under the "terrorist activity" provision of the Immigration Act of 1990 ("the IMMACT"), 8 U.S.C. § 1251(a)(4)(B) (1994).

The District Court (Judge Steven V. Wilson) found that it had no jurisdiction over the claims of two plaintiffs, Hamide and Shehadehm, but ruled in favor of the other six plaintiffs granted a preliminary injunction staying the immigration proceedings. American-Arab Anti-Discrimination Committee v. Meese, 714 F.Supp. 1060, 1064. (C.D.Cal.1989). On appeal, The Ninth Circuit upheld the injunction and concluded that the District Court had jurisdiction over the all claims, including those of plaintiffs Hamide and Shehadeh. American-Arab Anti-Discrimination Committee v. Thornburgh, 970 F.2d 501, 511 (9th Cir.1991). On remand, the District Court refused to dissolve the injunction and then entered an injunction staying the proceedings against Hamide and Shehadeh. The government appealed.

While the appeal was pending, Congress enacted the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), which contained in part, an exclusive jurisdiction clause, 8 U.S.C. § 1252(g), which deprived courts of jurisdiction over immigration cases. The government then moved to dismiss in the District Court and Court of Appeals for lack of jurisdiction. The District Court denied the motion. The Court of Appeals found that the District Court had jurisdiction and affirmed its injunctions. American-Arab Anti-Discrimination Committee v. Reno, 119 F.3d 1367 (9th Cir. 1997). Petition for a writ of certiorari was granted.

The Supreme Court (Justice Scalia) vacated the judgment and remanded the case, holding that the exclusive jurisdiction clause of IIRIRA deprived courts of jurisdiction over action. Reno v. American-Arab Anti-Discrimination Committee, 525 U.S. 471, 119 S.Ct. 936, 142 L.Ed.2d (1999).

Summary Authors

Erica Woodruff (8/20/2007)

People


Judge(s)

Breyer, Stephen Gerald (District of Columbia)

Canby, William Cameron Jr. (Arizona)

Ginsburg, Ruth Bader (District of Columbia)

Kennedy, Anthony McLeod (District of Columbia)

Nelson, Dorothy Wright (California)

O'Connor, Sandra Day (District of Columbia)

O'Scannlain, Diarmuid Fionntain (Oregon)

Poole, Cecil F. (California)

Pooler, Rosemary S. (New York)

Pro, Philip Martin (Nevada)

Judge(s)

Breyer, Stephen Gerald (District of Columbia)

Canby, William Cameron Jr. (Arizona)

Ginsburg, Ruth Bader (District of Columbia)

Kennedy, Anthony McLeod (District of Columbia)

Nelson, Dorothy Wright (California)

O'Connor, Sandra Day (District of Columbia)

O'Scannlain, Diarmuid Fionntain (Oregon)

Poole, Cecil F. (California)

Pooler, Rosemary S. (New York)

Pro, Philip Martin (Nevada)

Rehnquist, William Hubbs (District of Columbia)

Scalia, Antonin (District of Columbia)

Souter, David Hackett (District of Columbia)

Stevens, John Paul (District of Columbia)

Tanner, Jack Edward (Washington)

Thomas, Clarence (District of Columbia)

Thompson, David R. (California)

Wilson, Stephen Victor (California)

Attorneys(s) for Plaintiff

Arulanantham, Ahilan T (California)

Chang, Joannie C. (California)

Cole, David (District of Columbia)

Dwelshauvers, Philippe (California)

Edwards, Weston A. (California)

Farahmand, Ali (California)

Fong, J. Craig (California)

Henderson, Wade (District of Columbia)

Hoffman, Paul L. (California)

Holguín, Carlos R. (California)

Martin, Kate (California)

Mokhiber, Albert (District of Columbia)

Nakamura, Hope (District of Columbia)

Nouri, Faith (California)

Ratner, Michael (New York)

Richey, Andria K (California)

Rosenbaum, Mark Dale (California)

Scanlan, John (Indiana)

Schey, Peter A. (California)

Shora, Nawar (District of Columbia)

Sobel, Carol A. (California)

Sotoodeh, Babak (California)

Stewart, Malcom L.. (District of Columbia)

Stormer, Dan Lewis (California)

Storner, Dan (California)

Van Der Hout, Marc (California)

Wahid, Khurrum (District of Columbia)

Wolfsdorf, Bernard P. (California)

Attorneys(s) for Defendant

Bombaugh, Robert L. (District of Columbia)

Corrales-Talleda, Patricia M. (California)

Filppu, Lauri Steven (District of Columbia)

Hunger, Frank W. (District of Columbia)

Hunolt, James A. (District of Columbia)

Johnson, Michael C. (California)

Letter, Douglas (District of Columbia)

Linderman, Michael P. (District of Columbia)

Manella, Nora Margaret (California)

McCallion, Sandra C. (New York)

O'Neil, Robert M. (Virginia)

Phillips, George J. (District of Columbia)

Raab, Michael S. (District of Columbia)

Schiffer, Stuart E. (District of Columbia)

Valentine, Steven R. (District of Columbia)

Weidman, Lee (California)

Wendtland, Linda S. (District of Columbia)

Wu, George H. (California)

Other Attorney(s)

Wheeler, J. Joshua (Virginia)

Expert/Monitor/Master

Walker, Leslie (Massachusetts)

Documents in the Clearinghouse

Document

2:87-cv-02107

Docket (PACER)

American Anti-Arab Discrimination Committee v. Meese

Aug. 24, 1999

Aug. 24, 1999

Docket

2:05-cv-08635

Docket (PACER) Related Case #:2:05-cv-08635-SVW

Barakat v. Arellano

Feb. 14, 2007

Feb. 14, 2007

Docket

2:87-cv-02107

Opinion

American-Arab Anti-Discrimination Committee v. Meese

714 F.Supp. 1060

Aug. 31, 1989

Aug. 31, 1989

Order/Opinion

89-55358

USCA Opinion

American-Arab Anti-Discrimination Committee v. Thornburgh

U. S. Court of Appeals for the Ninth Circuit

940 F.2d 445

Sept. 27, 1991

Sept. 27, 1991

Order/Opinion

89-55358

USCA Opinion

American-Arab Anti-Discrimination Committee v. Thornburgh

U. S. Court of Appeals for the Ninth Circuit

970 F.2d 501

July 20, 1992

July 20, 1992

Order/Opinion
295

2:87-cv-02107

Opinion

American-Arab Anti-Discrimination Committee v. Reno

883 F.Supp. 1365, 1995 U.S.Dist.LEXIS 3294

Jan. 24, 1995

Jan. 24, 1995

Order/Opinion

94-55405

94-55444

95-55177

Opinion

American-Arab Anti-Discrimination Committee v. Reno

U. S. Court of Appeals for the Ninth Circuit

70 F.3d 1045

Nov. 8, 1995

Nov. 8, 1995

Order/Opinion

96-55929

97-55479

Opinion

American-Arab Anti-Discrimination Committee v. Reno

U. S. Court of Appeals for the Ninth Circuit

119 F.3d 1367

July 10, 1997

July 10, 1997

Order/Opinion

96-55929

97-55479

Opinion

American-Arab Anti-Discriminatory Committee v. Reno

U. S. Court of Appeals for the Ninth Circuit

132 F.3d 531

Dec. 23, 1997

Dec. 23, 1997

Order/Opinion

97-01252

Opinion

Reno v. American-Arab Anti-Discrimination Comittee

Supreme Court of the United States

524 U.S. 903, 118 S.Ct. 2059

June 1, 1998

June 1, 1998

Order/Opinion

Resources

Docket

Last updated July 17, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
247

NOTICE OF MOTION AND MOTION by plaintiff American Arab Anti, plaintiff Arab American Dem, plaintiff Assoc of Amer Univer, plaintiff Irish Natl Caucus, plaintiff Palestine Human Righ, plaintiff American Friends Ser, plaintiff League of United Lat, plaintiff Michel Bogopolsky, plaintiff Darrel Meyers, plaintiff So CA Inter Faith Ta, plaintiff Aiad Khaled Barakat, plaintiff Khader Musa Hamide, plaintiff Nuangugi Julie Mungai, plaintiff Ayman Mustafa Obeid, plaintiff Naim Nadim Sharif, plaintiff Michel Ibrahim Shehadeh, plaintiff Bashar Amer for reconsideration ; motion hearing set for 1:30 1/24/94 (bp) (Entered: 01/11/1994)

Nov. 30, 1993

Nov. 30, 1993

FOR ALL PREVIOUS DOCKETING, REFER TO THE PAPER DOCKET (bp) (Entered: 06/08/1994)

Jan. 6, 1994

Jan. 6, 1994

248

ORDER The govt to produce to pla's by 2/11/94; any records of govt deportation actns during 1986 to 1993 for non-ideological, passive violations of the Immigration laws against any person the the govt knew was a member of any of these groups. This court hereby ORDS tht dft is preliminary enjoined frm conducting fur deportation proceedings against pla's. Please see lengthy doc in case fl for fur details by Judge Stephen V. Wilson (ENT 1/11/94) mld cpys & notc. (bp) (Entered: 01/11/1994)

Jan. 7, 1994

Jan. 7, 1994

249

ORDER tht its November 19, 1993 ord be vacated & tht this amd ord be entered in its place. This court ORDS tht summary judgment is granted for dft's & the dft's request for a preliminary injunction is DENIED by Judge Stephen V. Wilson (ENT 1/11/94) mld cpys & notc. (bp) (Entered: 01/11/1994)

Jan. 7, 1994

Jan. 7, 1994

250

ORDER This court hereby GRANTS pla's mot for a preliminary injunction enjoining the govt frm using classified information in considering & adjudicating the applications of Barakat & Sharif unless the govt provides Barakat & Sharif with tht information. The court hereby ORDS the govt to provide this discovery by 2/18/94. a mot for S/J should focus on the need to develop a factual record for the procedural fairness of following confidential information in IRCA application proceedings. in general & in the cases of Barakat & Sharif in general. by Judge Stephen V. Wilson (ENT 1/11/94) mld cpys & notc. (bp) (Entered: 01/11/1994)

Jan. 7, 1994

Jan. 7, 1994

316

OPPOSITION by plaintiffs to dfts motion for summary judgment [328-1] (weap) (Entered: 05/03/1995)

Jan. 14, 1994

Jan. 14, 1994

253

EX PARTE APPLICATION by defendant Edwin Meese, defendant Alan Nelson, defendant Harold Ezell, defendant Ernest R Gustafson, defendant Gilbert Reeves, defendant Immigration & Natz for a stay of discovery or protective ord. ; motion hearing set for <date not set> (bp) (Entered: 03/28/1994)

Feb. 18, 1994

Feb. 18, 1994

LODGED/PROPOSED Order (bp) (Entered: 03/28/1994)

Feb. 18, 1994

Feb. 18, 1994

254

MEMORANDUM by defendant Edwin Meese, defendant Alan Nelson, defendant Harold Ezell, defendant Ernest R Gustafson, defendant Gilbert Reeves, defendant Immigration & Natz in support of motion for a stay of discovery [253-1] (bp) (Entered: 03/28/1994)

Feb. 18, 1994

Feb. 18, 1994

260

EX PARTE APPLICATION by defendant Edwin Meese, defendant Alan Nelson, defendant Harold Ezell, defendant Ernest R Gustafson, defendant Gilbert Reeves, defendant Immigration & Natz to fl df'ts memo in opp to mot to compel out of ti ; motion hearing set for <date not set> (bp) (Entered: 03/28/1994)

Feb. 23, 1994

Feb. 23, 1994

255

RESPONSE to the crt's 1/7/94, ord relating to legalization by defendant Edwin Meese, defendant Alan Nelson, defendant Harold Ezell, defendant Ernest R Gustafson, defendant Gilbert Reeves, defendant Immigration & Natz to [248-1] (bp) (Entered: 03/28/1994)

Feb. 24, 1994

Feb. 24, 1994

256

NOTICE of document discrepancies; ntc of mot to compel compliance; Judge's April calendar not available, the document is to be fld & processed. (bp) (Entered: 03/28/1994)

March 1, 1994

March 1, 1994

257

NOTICE OF MOTION AND MOTION by plaintiff's American Arab Anti to compel compliance with the crt's 1/11/94 ords ; motion hearing set for 1:30 4/11/94 (bp) (Entered: 03/28/1994)

March 1, 1994

March 1, 1994

258

MEMORANDUM by plaintiff's American Arab Anti in support of motion to compel [257-1] compliance with crt's 1/11/94 ords & in opposition to dft's ex parte application for stay of discovery ords (bp) (Entered: 03/28/1994)

March 1, 1994

March 1, 1994

251

NOTICE OF APPEAL by plaintiff Kader Mamide and Michael Shehadeh to the 9th C/A frm Dist. Court ord ent on 01/11/94. (cc:David Cole: Michael P. Linderman: Michael C. Johnson) Fees: Paid. Johnson (dmap) (Entered: 03/10/1994)

March 7, 1994

March 7, 1994

252

NOTICE OF APPEAL by defendants, Janet Reno, Doris Meissner, Harold Ezell, C.M. McCullough, Ernest Gustafson, Ricahrd K. Rogers and the Immigration & Naturalization Sevice to the 9th C/A from Dist. Court ord ent 1/11/94 (cc: ACLU Foundation of So. Calif, Paul L. Hoffman, Esq.,; David Cole, Esq.; Marc Van Der Hout, Esq.) Fee: Waived. (fvap) (Entered: 03/16/1994)

March 10, 1994

March 10, 1994

259

NOTICE of document discrepancies; dft's ex parte appl to fl memo in opp; LR. 7.18 ex parte ord is missing; The document is to be fld & processed. (bp) (Entered: 03/28/1994)

March 23, 1994

March 23, 1994

261

MEMORANDUM by defendant Edwin Meese, defendant Alan Nelson, defendant Harold Ezell, defendant Ernest R Gustafson, defendant Gilbert Reeves, defendant Immigration & Natz in opposition to motion to compel [257- 1] (bp) (Entered: 03/28/1994)

March 23, 1994

March 23, 1994

262

REPLY in support of mot to compel compliance by plaintiff's American Arab Anti re [257-1] (bp) (Entered: 03/28/1994)

March 25, 1994

March 25, 1994

263

TRANSCRIPT DESIGNATION and ordering form for dates: 9/1/93 CR: Carmelita Lee ; estimated transcript completion date 4/24/94 (bp) (Entered: 03/28/1994)

March 25, 1994

March 25, 1994

266

MINUTES: The crt ORDS dft's request for stay pending appeal be DENIED. The crt modifies the ord to limit the years of record prod to 1986-1987, be limtied to So. Cal, So. Florida & new York. The fur ORDS the INS to comply with the crt's ord & if teh INS cannot search fully by using computer records then they must conduct a search by hand. the crt fur ORDS the govt may redact only the names limiting acces to the information in the fls produced. the crt furhter ORDS the govt to comply with the ord in submitting, in camera, the docuomentation on Baracat & Sharif, forthwith. The crt will issue an ord shortly outlining todays rulings & setforth fur briefing on the issues which require such briefings. by Judge Stephen V. Wilson CR: Gary George (bp) (Entered: 06/08/1994)

April 11, 1994

April 11, 1994

264

ORDER tht the govt inform the crt & pla's by 5/6/94, as to which subsection or subsections of sec 1182(a)(28)(F) are allegedly implicated by the confidential information. The possibilities are (i), (ii), (ii), &/or (iv). This crt ORDS the govt to comply with this provision of the 1/11/94 ord (as now clarified) by 5/20/94. by Judge Stephen V. Wilson granting motion to compel [257-1] ; mandatory status conference set on 3:00 6/6/94 (ENT 4/22/94) mld cpys & notc. (bp) (Entered: 04/22/1994)

April 20, 1994

April 20, 1994

265

ORDER by Judge Stephen V. Wilson denying motion for a stay of discovery [253-1] This crt ORDS tht pla's request for fees in connection with the bringing of the mot to compel is DENIED. The crt hereby ORDS tht the geographic scope of this ord is limited so tht the govt is only required to produce records frm Immigration & Naturalization offices in southern Ca. (I.E., Los Angeles & locations south of Los Angeles), Florida, & New York. This crt hereby ORDS tht the scope of the 1/11/94 ord is modified & the scope of this ord is limited so tht the govt only need to review & produce records re Immigration fls tht were opened in 1986 or 1987. Please see lengthy document in case fl for further details ; IN COURT HEARING RE: status conf set on 3:00 7/11/94 (ENT 4/22/94) mld cpys & notc. (bp) (Entered: 04/22/1994)

April 20, 1994

April 20, 1994

267

RECEIPT for reporters transcript dt of hrng 9/1/93, dt fld 4/29/94, reporter Carmelita Lee. (bp) (Entered: 06/08/1994)

April 29, 1994

April 29, 1994

268

REQUEST by plaintiff American Arab Anti for reconsideration (bp) (Entered: 06/08/1994)

May 5, 1994

May 5, 1994

269

NOTICE of in camera submission of classified declarations purs to the crt's April 20, 1994 ord. by Janet Reno (bp) (Entered: 06/08/1994)

May 6, 1994

May 6, 1994

270

MEMORANDUM concerning statutory provisions employed in legalization proceddings, purs to the crt's April 20, 1994 ord. by Janet Reno (bp) (Entered: 06/08/1994)

May 6, 1994

May 6, 1994

271

OPPOSITION by Defendants motion for reconsideration [247-1] (bp) (Entered: 06/08/1994)

May 12, 1994

May 12, 1994

272

NOTICE of intention re: Challenge to 8 USC 1182(f) & of continuing obj to ex parte consideration of evidence by plaintiff Aiad Khaled Barakat, plaintiff Naim Nadim Sharif (bp) (Entered: 06/08/1994)

May 18, 1994

May 18, 1994

273

REPLY in support of request for reconsideration by plaintiff American Arab Anti re [268-1] (bp) (Entered: 06/08/1994)

May 18, 1994

May 18, 1994

275

ORDER tht pla's & dft's joint request for a continuance of the status conf is GRANTED. by Judge Stephen V. Wilson ; mandatory status conference set on 3:30 6/27/94 (bp) (Entered: 06/08/1994)

May 19, 1994

May 19, 1994

276

Defendant's submission in response to the crt's April 20, 1994 discovery ord. (bp) (Entered: 06/08/1994)

May 20, 1994

May 20, 1994

305

MINUTES: Stat Conference held; the crt will consider discovery issue further & issu an ord shortly. by Judge Stephen V. Wilson CR: Gary George (weap) (Entered: 05/02/1995)

June 27, 1994

June 27, 1994

277

STIPULATION and ORDER tht dft's are ord to produce by 6/22/94, files of alien asylu applicants in the control group defined by the court located in INS offices in Southern California, Florida, except Miami, & New York. Files located in the Miai asylu review office will be produced by 7/6/94. Unless the crt otherwise ords, dft's will disclose to pla's by 9/22/94 all remaining files of aliens in the control group defined by the crt. The status conf will be cont'd to 10/17/94. by Judge Stephen V. Wilson ; mandatory status conference set on 3:30 10/17/94 (bp) (Entered: 08/21/1994)

June 28, 1994

June 28, 1994

CERTIFIED COPY of Appellate Court Order: appellant's motion for an ext of ti in which to fl the opening brief is granted in part. The briefing sched is as follows: the opening brief & excepts of record are due 7/18/94, the answering brief is due 8/17/94, & the optional reply brief is due 14 days frm svc of the answering brief. (bp) (Entered: 08/21/1994)

June 30, 1994

June 30, 1994

CERTIFIED COPY of Appellate Court Order: The court is in receipt of notice of appearance of Douglas Letter on behalf of appellees. The clerk shall amd court records accordingly (bp) (Entered: 08/21/1994)

June 30, 1994

June 30, 1994

278

ORDER tht pla's request for the IRCA files is DENIED. The crt hereby ords tht pla's request for the relevant attorneys names is denied. The court hereby ords the fo govt to provide these dts. Pla's have requested tht the govt provide for deposition the govt offical most knowledgable about the reason tht the govt promulgated the disputed regulations. The crt hereby ords tht this request is DENIED. See lengthy document in case fl for further details by Judge Stephen V. Wilson (bp) (Entered: 08/21/1994)

July 1, 1994

July 1, 1994

279

ORDER The parties are hereby ord to brief cross motions for sumjgm as follows: Pla's shall fl their opening brief by 7/25/94; the govt shall fl its brief in support of the govt's motion for sumjgm & in opp to pla's motion by 8/1/94; Pla's shalll fl their reply brief by 8/8/94; the govt shall fl its reply biref by 8/15/94. Opening briefs shall be no longer than 25 pages. Each party's second brief shall be no longer than 15 pages. The crt hereby ORDS tht a hrng on these cross motions for sumjgm shall be held on 8/22/94. by Judge Stephen V. Wilson (bp) (Entered: 08/21/1994)

July 12, 1994

July 12, 1994

280

STIPULATION for extension of briefing sched & to continue hrng on confidential information claims (bp) (Entered: 08/21/1994)

July 13, 1994

July 13, 1994

282

NOTICE OF MOTION AND MOTION by defendant Edwin Meese, defendant Alan Nelson, defendant Harold Ezell, defendant Ernest R Gustafson, defendant Gilbert Reeves, defendant Immigration & Natz to vacate preliminary injunction re confidential information ; motion hearing set for 1:30 8/8/94 (bp) (Entered: 08/21/1994)

July 15, 1994

July 15, 1994

283

MEMORANDUM by defendant Edwin Meese, defendant Alan Nelson, defendant Harold Ezell, defendant Ernest R Gustafson, defendant Gilbert Reeves, defendant Immigration & Natz in support of motion to vacate preliminary injunction re confidential information [282-1] (bp) (Entered: 08/21/1994)

July 15, 1994

July 15, 1994

284

SUPPLEMENTAL discovery response purs to the crt's 6/29/94,ord by defendant Edwin Meese, defendant Alan Nelson, defendant Harold Ezell, defendant Ernest R Gustafson, defendant Gilbert Reeves, defendant Immigration & Natz (bp) (Entered: 08/21/1994)

July 15, 1994

July 15, 1994

285

STIPULATION for extension of birefing sched & to continue hrng on dft's motion to vacate preliminary injunction re confidential information (bp) (Entered: 08/21/1994)

July 25, 1994

July 25, 1994

286

ORDER tht pla's & dft's joint request for an extension of the briefing shced & a continuance of the hrng on dft's motion to vacate preliminary injunction re confidential information claims is GRANTED. The hrng on dft's motion is continued by Judge Stephen V. Wilson setting hearing on motion to vacate preliminary injunction re confidential information [282-1] 1:30 9/12/94 (bp) (Entered: 08/21/1994)

July 26, 1994

July 26, 1994

291

TRANSCRIPT DESIGNATION and ordering form for dates: none CR: none ; estimated transcript completion date 8/31/94 (bp) (Entered: 08/21/1994)

Aug. 1, 1994

Aug. 1, 1994

292

PROOF OF SERVICE by defendant Edwin Meese, defendant Alan Nelson, defendant Harold Ezell, defendant Ernest R Gustafson, defendant Gilbert Reeves, defendant Immigration & Natz of transcript desgination & ordering form; the following parties were svd by mail on 8/1/94, Paul L. Hoffman, Esq. Marc Van Der Hout, Esq. & David Cole, Esq. (bp) (Entered: 08/21/1994)

Aug. 1, 1994

Aug. 1, 1994

CERTIFIED COPY of Appellate Court Order: Cnsl Douglas Letter is admonished for his delay in the prosecution of this appeal. In the interest of justice, appellant's second motion for an ext of ti in which to fl the opening brief is granted. (bp) (Entered: 08/21/1994)

Aug. 5, 1994

Aug. 5, 1994

287

NOTICE OF MOTION AND MOTION by plaintiff American Arab Anti, plaintiff Arab American Dem, plaintiff Assoc of Amer Univer, plaintiff Irish Natl Caucus, plaintiff Palestine Human Righ, plaintiff American Friends Ser, plaintiff League of United Lat, plaintiff Michel Bogopolsky, plaintiff Darrel Meyers, plaintiff So CA Inter Faith Ta, plaintiff Aiad Khaled Barakat, plaintiff Khader Musa Hamide, plaintiff Nuangugi Julie Mungai, plaintiff Ayman Mustafa Obeid, plaintiff Naim Nadim Sharif, plaintiff Michel Ibrahim Shehadeh, plaintiff Bashar Amer for partial summary judgment on confidential iformation claims ; motion hearing set for 1:30 9/12/94 (bp) (Entered: 08/21/1994)

Aug. 8, 1994

Aug. 8, 1994

LODGED/PROPOSED Order re motion for partial sumjgm (FWD TO CRD) (bp) (Entered: 08/21/1994)

Aug. 8, 1994

Aug. 8, 1994

288

MEMORANDUM by plaintiff American Arab Anti, plaintiff Arab American Dem, plaintiff Assoc of Amer Univer, plaintiff Irish Natl Caucus, plaintiff Palestine Human Righ, plaintiff American Friends Ser, plaintiff League of United Lat, plaintiff Michel Bogopolsky, plaintiff Darrel Meyers, plaintiff So CA Inter Faith Ta, plaintiff Aiad Khaled Barakat, plaintiff Khader Musa Hamide, plaintiff Nuangugi Julie Mungai, plaintiff Ayman Mustafa Obeid, plaintiff Naim Nadim Sharif, plaintiff Michel Ibrahim Shehadeh, plaintiff Bashar Amer in support of motion for partial summary judgment on confidential iformation claims [287-1] (bp) (Entered: 08/21/1994)

Aug. 8, 1994

Aug. 8, 1994

289

NOTICE OF MOTION AND MOTION by defendant Edwin Meese, defendant Alan Nelson, defendant Harold Ezell, defendant Ernest R Gustafson, defendant Gilbert Reeves, defendant Immigration & Natz for summary judgment on pla's third claim for relief ; motion hearing set for 1:30 9/12/94 (bp) (Entered: 08/21/1994)

Aug. 15, 1994

Aug. 15, 1994

LODGED/PROPOSED Order re dft's motion for sumjgm (FWD TO CRD) (bp) (Entered: 08/21/1994)

Aug. 15, 1994

Aug. 15, 1994

290

MEMORANDUM by defendant Edwin Meese, defendant Alan Nelson, defendant Harold Ezell, defendant Ernest R Gustafson, defendant Gilbert Reeves, defendant Immigration & Natz in support of motion for summary judgment on pla's third claim for relief [289-1] (bp) (Entered: 08/21/1994)

Aug. 15, 1994

Aug. 15, 1994

LODGED (9th CC: Order): The Solicitor General's 8/5/94 ltr is construed as a motion for partial reconsideration of the 8/1/94 ord. So construed, the motion is granted. The first sentence of the 8/1 ord is stricken. However, the crt urges the Solicitor General to fi his appellate briefs in a timely fashion. (dlu) (Entered: 06/06/1995)

Aug. 17, 1994

Aug. 17, 1994

LODGED (9th CC: Order): Appellees' motion for an ext of ti in which to fi the answering brief is granted. Appellees' brief is due 9/23/94. The optional reply brief is due 14 days frm svc of the answering brief. (dlu) (Entered: 06/06/1995)

Aug. 19, 1994

Aug. 19, 1994

293

OPPOSITION by plaintiff American Arab Anti motion for summary judgment on pla's third claim for relief [289-1], motion for partial summary judgment on confidential iformation claims [287-1], motion to vacate preliminary injunction re confidential information [282-1] (bp) (Entered: 08/23/1994)

Aug. 22, 1994

Aug. 22, 1994

300

NOTICE OF DISCREPANCY AND ORDER by Judge Stephen V. Wilson that the plf rule 56(f) affirm by David Cole, is to be filed & processed. (weap) (Entered: 05/02/1995)

Aug. 23, 1994

Aug. 23, 1994

301

RULE 56(F) affirmation of DAVID Cole in response to dfts statement of uncontroverted material facts. (weap) (Entered: 05/02/1995)

Aug. 23, 1994

Aug. 23, 1994

LODGED (9th CC: Order): Plfs' motion to consolidate, supplement to the motion, & corrected motion to consolidate the above-captioned cases No. 94- 55405, No. 94-55444 are granted. Plas' motion for an ext of time to fi the optional reply brief in Appeal No. 94-55405 is granted. The optional reply brief is due 9/16/94. The briefing schedule remains the same in Appeal No. 94-55444. (dlu) Modified on 06/06/1995 (Entered: 06/06/1995)

Aug. 29, 1994

Aug. 29, 1994

306

REPLY MEMORANDUM by defendants (weap) (Entered: 05/02/1995)

Aug. 30, 1994

Aug. 30, 1994

302

EX PARTE APPLICATION by defendants to file dfts' reply memorandum one day out of time. (weap) (Entered: 05/02/1995)

Sept. 1, 1994

Sept. 1, 1994

303

ORDER by Judge Stephen V. Wilson that dfts may file their rply memorandum on 8/30/94. (weap) (Entered: 05/02/1995)

Sept. 9, 1994

Sept. 9, 1994

CLERK'S record on appeal transmitted to Circuit [252-1], [251-1] transcripts: 1 (ghap) (Entered: 10/05/1994)

Sept. 12, 1994

Sept. 12, 1994

304

MINUTES: that the motion for partial summary judgment on confidential iformation claims [287-1]; motion for summary judgment on pla's third claim for relief [289-1]; motion to vacate preliminary injunction re confidential information [282-1]; will be under submission & will issue a written ord ruling on the matters. stat conf continued 10/24/94 at 3:00 P.M. is submitted by Judge Stephen V. Wilson CR: Gary Gorg (weap) (Entered: 05/02/1995)

Sept. 12, 1994

Sept. 12, 1994

307

NOTICE OF MOTION by defendant for summary judgment on selective prosecution claim ; motion hearing set for 1:30 10/24/94 (weap) (Entered: 05/02/1995)

Oct. 4, 1994

Oct. 4, 1994

308

MEMORANDUM by defendant in support of motion for summary judgment [307-1] on selective prosecution claim. (weap) (Entered: 05/02/1995)

Oct. 4, 1994

Oct. 4, 1994

LODGED/PROPOSED Order (FWD TO CRD) (weap) (Entered: 05/02/1995)

Oct. 4, 1994

Oct. 4, 1994

309

NOTICE OF MOTION AND MOTION by defendants to stay fur discovery pending dispo of dfts' summ jgm mot ; motion hearing set for 1:30 10/24/94 (weap) (Entered: 05/02/1995)

Oct. 4, 1994

Oct. 4, 1994

310

MEMORANDUM by defendants in support of motion to stay fur discovery pending dispo of dfts' summ jgm mot [309-1] (weap) (Entered: 05/02/1995)

Oct. 4, 1994

Oct. 4, 1994

LODGED/statement & jgm (FWD TO CRD) (weap) (Entered: 05/02/1995)

Oct. 4, 1994

Oct. 4, 1994

311

JOINT STIPULATION for extension of briefing schedule & to continue hrg on status conf & dfts mot for summ jgm on selective prosecution cliam [309-1], and for a stay of further discovery [307-1]. (weap) (Entered: 05/02/1995)

Oct. 7, 1994

Oct. 7, 1994

LODGED/PROPOSED Order (FWD TO CRD) (weap) (Entered: 05/02/1995)

Oct. 7, 1994

Oct. 7, 1994

312

ORDER by Judge Stephen V. Wilson Re setting hearing on motion for summary judgment [307-1] 3:00 11/21/94, re setting hearing on motion to stay fur discovery pending dispo of dfts' summ jgm mot [309-1] 3:00 11/21/94. It is fur ORD that the parties joint request for an extension of the briefing schedule be GR. Plfs briefs in response to the mot will be due on 11/7/94. Dfts reply briefs will be due on 11/14/94. (weap) (Entered: 05/02/1995)

Oct. 12, 1994

Oct. 12, 1994

LODGED 9th c/a ord, plf's sec mot for ext of time is constures as mot to sty app pending dist crt's ruling on pend mot(s). Construes, mot is granted. (fvap) (Entered: 12/15/1994)

Oct. 14, 1994

Oct. 14, 1994

313

JOINT STIPULATION to continue hrg on dfts' mot for summ jgm [307-1]. (weap) (Entered: 05/02/1995)

Nov. 2, 1994

Nov. 2, 1994

314

NOTICE OF DISCREPANCY AND ORDER by Judge Stephen V. Wilson that the joint stip to cont hrg on dfts mot for S/J ord, is to be filed & processed. (weap) (Entered: 05/02/1995)

Nov. 2, 1994

Nov. 2, 1994

315

ORDER by Judge Stephen V. Wilson resetting hearing on motion for summary judgment [307-1] 3:00 12/5/94, granting request for a continuance [268-1] (weap) (Entered: 05/03/1995)

Nov. 7, 1994

Nov. 7, 1994

OPPOSITION by plaintiffs to dfts motion for summary judgment [307-1] (weap) (Entered: 05/03/1995)

Nov. 14, 1994

Nov. 14, 1994

317

ORDER by Judge Stephen V. Wilson plfs are ord to submit a brief no longer than 20 pages on this issue by 11/30/94. If plfs do not wish to contend that the regulation should not be applied retroactively, then dfts need not resp. If plfs contend that the regulation shold not be applied retrocatively, than dfts shall submit an oppo no longer than 20 pages by 12/7/94. Plfs may file a reply no longer than 10 pages if they wish by 12/14/94. (weap) (Entered: 05/03/1995)

Nov. 16, 1994

Nov. 16, 1994

LODGED (9th CC: Order): Defendant Reno's motion to expedite oral arg is granted. These cases shall be cal as soon as possible. (dlu) (Entered: 06/06/1995)

Nov. 28, 1994

Nov. 28, 1994

318

MEMORANDUM by plfs Re Retroactivity (weap) (Entered: 05/03/1995)

Nov. 30, 1994

Nov. 30, 1994

319

REPLY MEMORANDUM by defendants on mot for summ jgm [307-1] on selective prosecution claim. (weap) (Entered: 05/03/1995)

Dec. 2, 1994

Dec. 2, 1994

320

NOTICE OF DISCREPANCY AND ORDER by Judge Stephen V. Wilson that the dft Ex Parte appl & ord, lodged 12/2/94, are not to be filed, but instead rejected, & returned to cnsl. (weap) (Entered: 05/03/1995)

Dec. 5, 1994

Dec. 5, 1994

321

MINUTES: Hrg held. Mot argued. The crt ORD the motion for summary judgment DEN at this time. [307-1] The crt will allow plfs to take discovery on intent. The crt will await plfs discovery plan & will issue an ord. by Judge Stephen V. Wilson CR: Gary George (weap) (Entered: 05/03/1995)

Dec. 5, 1994

Dec. 5, 1994

294

ORDER Tht the court DENIES defendant's motion for sumjgm. The court GRANTS in part & DENIES in part defendant's motion to stay discovery. by Judge Stephen V. Wilson (ENT 12/9/94) mld cpys & ntc. (bp) (Entered: 12/12/1994)

Dec. 8, 1994

Dec. 8, 1994

322

MEMORANDUM by dfts in response to the crt's 11/15/94, ord requiring further briefing re retroactivity. (weap) (Entered: 05/03/1995)

Dec. 8, 1994

Dec. 8, 1994

324

TABLE OF CONTENTS & TABLE OF AUTH filed by defendant Edwin Meese, defendant Alan Nelson, defendant Harold Ezell, defendant Ernest R Gustafson, defendant Gilbert Reeves, defendant Immigration Natz for dfts memorandum in response to the crt's 11/15/94, ord requiring fur briefing re retroacitivty. (weap) (Entered: 05/03/1995)

Dec. 12, 1994

Dec. 12, 1994

323

REPLY MEMORANDUM by plaintiff Re: Rectroactivity (weap) (Entered: 05/03/1995)

Dec. 14, 1994

Dec. 14, 1994

325

PROPOSED discovery plan on intent (weap) (Entered: 05/03/1995)

Dec. 29, 1994

Dec. 29, 1994

295

MEMO OPINION & ORDER that the crt grs sum jgm for the dfts on the procedural 1st amendment clm by Judge Stephen V. Wilson. (ENT 1/26/95), mld cpys & nots. (lori) (Entered: 01/26/1995)

Jan. 24, 1995

Jan. 24, 1995

299

NOTICE OF DISCREPANCY AND ORDER by Judge Stephen V. Wilson that the dft's mot to stay intent discov, memo PA, ord, are not to be filed, but instead rejected, & returned to cnsl. (weap) (Entered: 05/02/1995)

Jan. 24, 1995

Jan. 24, 1995

326

OPPOSITION by plaintiff to motion to stay of intent discovery & reply re: discovery plan [309-1] (weap) (Entered: 05/03/1995)

Jan. 30, 1995

Jan. 30, 1995

327

MEMORANDUM by dfts in support of motion to stay intent discovery on selective prosecution claim pending fur submission in resp to the crt's 12/8/94, ord. [309-1] (weap) (Entered: 05/03/1995)

Feb. 2, 1995

Feb. 2, 1995

328

NOTICE OF MOTION by defendants for summary judgment ; motion hearing set for 1:30 2/27/95 (weap) (Entered: 05/03/1995)

Feb. 2, 1995

Feb. 2, 1995

329

MOTION by defendant to stay intent discovery on selective prosecution claim pending fur submission in resp to the crt's 12/8/94 ord ; motion hearing set for 1:30 2/27/95 (weap) (Entered: 05/03/1995)

Feb. 2, 1995

Feb. 2, 1995

LODGED/PROPOSED Order (FWD TO CRD) (weap) (Entered: 05/03/1995)

Feb. 2, 1995

Feb. 2, 1995

330

NOTICE OF MOTION AND MOTION by plaintiff for ruling on discovery plan; memo of PA in support thereof ; motion hearing set for 1:30 2/27/95 (weap) (Entered: 05/03/1995)

Feb. 3, 1995

Feb. 3, 1995

331

NOTICE by plaintiffs of request to publish opinion (weap) (Entered: 05/03/1995)

Feb. 3, 1995

Feb. 3, 1995

LODGED/PROPOSED Order (FWD TO CRD) (weap) (Entered: 05/03/1995)

Feb. 3, 1995

Feb. 3, 1995

296

NOTICE OF APPEAL by defendant Janet Reno, defendant Doris Meissner, defendant Harold Ezell, defendant Gustavo de la Vina, defendant Ernest R Gustafson, defendant Richard K. Rogers, and defendant Immigration & Natz to 9th C/A from Dist. Court memo opinion & ord ent 1/26/95. (cc: Paul L. Hoffman, Marc Van Der Hout, David Cole. parties) Fee: Waived (dlu) (Entered: 02/13/1995)

Feb. 13, 1995

Feb. 13, 1995

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: April 3, 1987

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Aliens applying for citizenship under the Immigration Reform and Control Act, who had their constitutional rights violated by the Attorney General.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

ACLU of Southern California

Center for Human Rights & Constitutional Law

Hadsell, Stormer & Renick

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Attorney General, Federal

Immigration and Naturalization Service, Federal

Case Details

Causes of Action:

42 U.S.C. § 1983

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief granted

Issues

General:

Terrorism/Post 9-11 issues

Immigration/Border:

Constitutional rights

Deportation - criteria

Deportation - judicial review

Deportation - procedure