Case: Jean-Baptiste v. Reno

1:96-cv-04077 | U.S. District Court for the Eastern District of New York

Filed Date: Aug. 19, 1996

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On August 19, 1996, three permanent resident aliens filed a class action lawsuit in the United States District Court for the Eastern District of New York, challenging their deportation orders, which were based on their criminal convictions for drug offenses. Plaintiffs claimed that the INS' deportation procedures violated the Due Process Clause of the Fifth Amendment. Plaintiffs also claimed that they were not given notice by INS officials or anyone else that engaging in certain types of crimi…

On August 19, 1996, three permanent resident aliens filed a class action lawsuit in the United States District Court for the Eastern District of New York, challenging their deportation orders, which were based on their criminal convictions for drug offenses. Plaintiffs claimed that the INS' deportation procedures violated the Due Process Clause of the Fifth Amendment. Plaintiffs also claimed that they were not given notice by INS officials or anyone else that engaging in certain types of criminal behavior would be grounds for deportation.

The District Court dismissed the case for failure to state a claim. Jean-Baptiste v. Reno, 1997 WL 55472 (E.D.N.Y. Feb 05, 1997). Plaintiffs appealed.

The Second Circuit Court of Appeals affirmed the dismissal, but on other grounds. The Court held that the under Section 242(g) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. § 1252(g) (Supp. II 1996), the District Court lacked jurisdiction to hear the case. Jean-Baptiste v. Reno, 144 F.3d 212 (2nd Cir. 1998). Rehearing was denied. Jean-Baptiste v. Reno, 175 F.3d 226 (2nd Cir. 1999).

Summary Authors

Dan Dalton (1/4/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10307903/parties/enrique-v-reno/


Judge(s)

Cardamone, Richard J. (New York)

Go, Marilyn D. (New York)

Attorney for Plaintiff
Attorney for Defendant

Carter, Zachary W. (New York)

Delli-Pizzi, Mary Elizabeth (New York)

Howard, William J. (District of Columbia)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

1:96-cv-04077

Docket

Aug. 19, 1996

Aug. 19, 1996

Docket

97-06062

Appellate Court Docket

U.S. Court of Appeals for the Second Circuit

March 20, 1997

March 20, 1997

Docket
1

1:96-cv-04077

Complaint

Aug. 19, 1996

Aug. 19, 1996

Complaint

1996 WL 1996

1:96-cv-04077

Defendants' Memorandum supporting their Motion to Dismiss

Oct. 15, 1996

Oct. 15, 1996

Pleading / Motion / Brief

1996 WL 1996

13

1:96-cv-04077

Plaintiffs' Memorandum Opposing Motion to Dismiss

Oct. 30, 1996

Oct. 30, 1996

Pleading / Motion / Brief

1996 WL 1996

1:96-cv-04077

Defendants' Reply Supporting Motion to Dismiss

Nov. 13, 1996

Nov. 13, 1996

Pleading / Motion / Brief

1996 WL 1996

22

1:96-cv-04077

Opinion

Feb. 5, 1997

Feb. 5, 1997

Order/Opinion

1997 WL 1997

97-06062

Opinion

U.S. Court of Appeals for the Second Circuit

May 8, 1998

May 8, 1998

Order/Opinion

144 F.3d 144

97-06062

Opinion

U.S. Court of Appeals for the Second Circuit

May 17, 1999

May 17, 1999

Order/Opinion

175 F.3d 175

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10307903/enrique-v-reno/

Last updated Jan. 25, 2024, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed and summons(es) issued against Janet Reno and Immigration and Naturalization Service FILING FEE $ 120.00 RECEIPT # 186152 (Brown, Marc) (Entered: 08/28/1996)

Aug. 19, 1996

Aug. 19, 1996

Clearinghouse
2

RETURN OF SERVICE executed as to Janet Reno & INS on 8/20/96. (Greves, Liz) (Entered: 09/11/1996)

Sept. 11, 1996

Sept. 11, 1996

PACER
4

NOTICE OF MOTION by Neil Jean-Baptiste, Gustavo Enrique Cepeda-Torres, Victor Israel Santana and motion for class certification and for preliminary injunction . Motion hearing set for 9:30 9/27/96 [4-1] motion . (Greene, Donna) (Entered: 09/24/1996)

Sept. 11, 1996

Sept. 11, 1996

PACER
3

MEMORANDUM by Neil Jean-Baptiste, Gustavo Enrique Cepeda-Torres, Victor Israel Santana in support of pltff's motion for preliminary injunction (Jackson, Ramona) (Entered: 09/24/1996)

Sept. 24, 1996

Sept. 24, 1996

PACER
5

MEMORANDUM by Neil Jean-Baptiste, Gustavo Enrique Cepeda-Torres, Victor Israel Santana in support of [4-1] motion motion for class certification and for preliminary injunction (Greene, Donna) (Entered: 09/24/1996)

Sept. 24, 1996

Sept. 24, 1996

PACER
6

CERTIFICATE OF SERVICE by Neil Jean-Baptiste upon the Local U.S. Attorney's Office of plaintiff's motion for class certification and for preliminary injunction. (Asreen, Wendy) (Entered: 10/02/1996)

Sept. 24, 1996

Sept. 24, 1996

PACER
7

Pltf.'s opposition to Deft.'s motion for extension of time to file deft.'s response to pltf's motion for class certification and for preliminary injunction. (Greene, Donna) (Entered: 10/07/1996)

Sept. 26, 1996

Sept. 26, 1996

PACER
9

MOTION by Janet Reno, Immigration and Natu for extension of time to file deft.'s response to pltf.'s motion for Class Certification and for Preliminary Injunction . Motion hearing set for 10/25/96 [9-1] motion . (Greene, Donna) (Entered: 10/07/1996)

Sept. 26, 1996

Sept. 26, 1996

PACER
8

ORDER that Quynh Vu be admitted pro hac vice to the bar of the Eastern District of New York for the purpose of trying or arguing the above-titled action pursuant to Local Rule 2(c). ( signed by Judge Sterling Johnson Jr. on 9/27/96). (Greene, Donna) (Entered: 10/07/1996)

Oct. 7, 1996

Oct. 7, 1996

PACER
10

LETTER dated 10/16/96 from Quynh Vu to Hon. Judge Johnson, respectfully requesting that the Court defer adjudication of pltf.'s class certification and preliminary injunction motion, pending resolution of the motion dismiss. (Greene, Donna) (Entered: 10/21/1996)

Oct. 16, 1996

Oct. 16, 1996

PACER
11

AFFIDAVIT OF SERVICE by Eladio A. Torres of the Stipulation Extending Time for Pltf.'s to file Response to Deft.'s Motion to Dismiss plt's Complaint. (Greene, Donna) (Entered: 10/29/1996)

Oct. 24, 1996

Oct. 24, 1996

PACER
13

MEMORANDUM by pltf.'s Neil Jean-Baptiste, Gustavo Enrique Cepeda-Torres, Victor Israel Santana in opposition to deft. motion to dismiss complaint. (Greene, Donna) (Entered: 11/06/1996)

Oct. 30, 1996

Oct. 30, 1996

Clearinghouse
12

STIPULATION extending time for pltf.'s to file response to deft.'s motion to dismiss pltf.'s complaint to 10/30/96 . The return date on deft.'s motion to dismiss pltf.'s complaint is now Nov. 6, 1996. ( signed by Judge Sterling Johnson Jr. on 10/26/96). (Greene, Donna) (Entered: 11/04/1996)

Nov. 4, 1996

Nov. 4, 1996

PACER
14

LETTER dated 10/31/96 from Quynh Vu to Judge Johnson, on 10/29/96, Mr. Martinez and counsel for deft.'s stipulated to a new return day for the deft.'s motion t o dismiss. The return day is now 11/15/96. Accordingly, deft.'s will file a reply to pltf.'s response to the motion to dismiss by 11/13/96. (Greene, Donna) (Entered: 11/08/1996)

Nov. 8, 1996

Nov. 8, 1996

PACER
15

STIPULATION extending time for pltf.'s to file response to deft.'s motion to dismiss pltf.'s complaint until 11/6/96 . ( signed by Judge Sterling Johnson Jr. on 10/31/96). (Greene, Donna) (Entered: 11/12/1996)

Nov. 12, 1996

Nov. 12, 1996

PACER
16

NOTICE OF MOTION by Janet Reno, Immigration and Natu to dismiss complaint, with attached Memorandum in support of their Motion to dismiss complaint. (Greene, Donna) (Entered: 11/12/1996)

Nov. 12, 1996

Nov. 12, 1996

PACER
17

MEMORANDUM by defendants in support of their [16-1] motion to dismiss complaint. (Asreen, Wendy) (Entered: 11/18/1996)

Nov. 15, 1996

Nov. 15, 1996

PACER
18

MEMORANDUM by plaintiffs in opposition to defendants' [16-1] motion to dismiss complaint. (Asreen, Wendy) (Entered: 11/18/1996)

Nov. 15, 1996

Nov. 15, 1996

PACER
19

REPLY MEMORANDUM OF LAW by Janet Reno, Immigration and Naturalization in further support of their [16-1] motion to dismiss complaint. (Asreen, Wendy) (Entered: 11/18/1996)

Nov. 15, 1996

Nov. 15, 1996

PACER
20

ORDER consolidating 96 CV 5070 with 96 CV 4077 . It is ordered that 96 CV 5070 is administratively closed. ( signed by Judge Sterling Johnson Jr. 11/13/96). (Greene, Donna) (Entered: 11/22/1996)

Nov. 22, 1996

Nov. 22, 1996

PACER

Consolidated Lead Case. (Greene, Donna)

Nov. 22, 1996

Nov. 22, 1996

PACER

STIPULATION dated 11/18/96. The petitioner, in the above entitiled action, through his undersigned counsel, hereby stipulates to dismissal of this cause of action on the basis of mootness. ( signed by Judge Sterling Johnson Jr. on 11/18/96). (Note: orginial filed in 96 CV 5070 doc. #6). (Greene, Donna)

Nov. 26, 1996

Nov. 26, 1996

PACER
21

LETTER dated 1/10/97 from Antonio C. Martinez, Esq. to Judge Johnson, submitting the enclosed article, circulated in 1975, not as an argument, but to aid the Court in coming to a just conclusion regarding the issue of "license" and "licensing". (Greene, Donna) (Entered: 01/27/1997)

Jan. 27, 1997

Jan. 27, 1997

PACER
22

MEMORANDUM AND ORDER granting defts. [16-1] motion to dismiss complaint. ( signed by Judge Sterling Johnson Jr. on 2/5/97). (Greene, Donna) (Entered: 02/24/1997)

Feb. 24, 1997

Feb. 24, 1997

Clearinghouse
23

JUDGMENT dated 2/27/97 that plaintiffs take nothing of the defendants; and, that defendants' motion to dismiss the complaint is granted. Signed by Robert C. Heinemann, Clerk. c/m w/appeals pkg. (Asreen, Wendy) (Entered: 02/27/1997)

Feb. 27, 1997

Feb. 27, 1997

PACER

Case closed (Asreen, Wendy)

Feb. 27, 1997

Feb. 27, 1997

PACER
24

NOTICE OF APPEAL by Neil Jean-Baptiste in 1:96-cv-04077, Gustavo Enrique Cepeda-Torres in 1:96-cv-04077, Victor Israel Santana in 1:96-cv-04077 Fee Paid $ 105.00 Receipt # 192986 Notice of Appeal and certified copy of docket sent appealing [22-1] order, [23-1] judgment order. Service made by clerk. (McGee, Maryann) (Entered: 03/18/1997)

March 18, 1997

March 18, 1997

PACER

Notice of Appeal and certified copy of docket to USCA: [24-1] appeal (McGee, Maryann)

March 18, 1997

March 18, 1997

PACER
25

USCA Scheduling Order: [24-1] appeal Appeal record due by 4/28/97 . USCA Number: 97-6062 Appellant's brief due 5/5/97. Appellee's brief due 6/4/97. Argument set for 6/23/97. (McGee, Maryann) (Entered: 04/04/1997)

April 4, 1997

April 4, 1997

PACER

Certified and transmitted INDEX on appeal to U.S. Court of Appeals: [24-1] appeal . Acknowledgment requested. Documents 1-25. Missing: 5,25. (McGee, Maryann)

April 15, 1997

April 15, 1997

PACER
26

Acknowledgment from USCA received re: [24-1] appeal (McGee, Maryann) (Entered: 04/23/1997)

April 23, 1997

April 23, 1997

PACER

Certified and transmitted record on appeal to U.S. Court of Appeals: [24-1] appeal . Acknowledgment requested. PLEASE NOTE: THIS RECORD IS BEING SENT TO DONNA AT THE USCA AS PER HER REQUEST . IT CONTAINS THE FOLLOWING DOCUMENTS#'1-4,6-24. (Gonzalez, Mary)

Oct. 24, 1997

Oct. 24, 1997

PACER
27

MANDATE OF USCA (certified copy) Re: [24-1] appeal. Upon consideration thereof, it is ordered that the judgment be, and it hereby is, Affirmed. Mandate: issued 6/17/99. Judge Notified. Ackn. mailed. USCA# 97-6062. (Vasquez, Liz) (Entered: 06/22/1999)

June 22, 1999

June 22, 1999

PACER
28

Record on appeal returned from U.S. Court of Appeals included all documents. ( Copy of this receipt sent to Fred nunnery c/o Court of Appeals ). (Greene, Donna) (Entered: 08/03/1999)

Aug. 3, 1999

Aug. 3, 1999

PACER

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 19, 1996

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Lawful permanent residents who challenged their deportation orders which were based on their criminal convictions for drug offenses.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Office of the Attorney General (Washington), Federal

Immigration and Naturalization Service (Washington), Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Habeas Corpus

Immigration/Border:

Constitutional rights

Deportation - criteria

Deportation - judicial review

Deportation - procedure