Filed Date: Aug. 19, 1996
Closed Date: 1999
Clearinghouse coding complete
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)
Cardamone, Richard J. (New York)
Go, Marilyn D. (New York)
Johnson, Sterling Jr. (New York)
Kearse, Amalya Lyle (New York)
Leisure, Peter Keeton (New York)
Torres, Eladio A. (New York)
Carter, Zachary W. (New York)
Delli-Pizzi, Mary Elizabeth (New York)
Howard, William J. (District of Columbia)
Hunger, Frank W. (District of Columbia)
Cardamone, Richard J. (New York)
Go, Marilyn D. (New York)
Johnson, Sterling Jr. (New York)
Kearse, Amalya Lyle (New York)
Leisure, Peter Keeton (New York)
Torres, Eladio A. (New York)
Carter, Zachary W. (New York)
Delli-Pizzi, Mary Elizabeth (New York)
Howard, William J. (District of Columbia)
Hunger, Frank W. (District of Columbia)
Keener, Donald E. (District of Columbia)
Radford, Emily Ann (District of Columbia)
Sarko, Michele Y.F. (District of Columbia)
Martinez, Antonio C (New York)
Vu, Quynh (District of Columbia)
Last updated May 11, 2022, 8 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: New York
Case Type(s):
Key Dates
Filing Date: Aug. 19, 1996
Closing Date: 1999
Case Ongoing: No
Plaintiffs
Plaintiff Description:
# permanent resident aliens who challenged their deportation orders which were based on their criminal convictions for drug offenses.
Plaintiff Type(s):
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
Availably Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
General:
Immigration/Border: