Case: Cornejo v. Landon

1:80-cv-02192 | U.S. District Court for the Northern District of Illinois

Filed Date: May 2, 1980

Closed Date: March 31, 1981

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Case Summary

In 1980, Plaintiffs filed a class action lawsuit in the U.S. District Court for the Northern District of Illinois in order to challenge delays between the filing of their initial naturalization applications and the scheduling of preliminary investigations and examinations by the INS. Plaintiffs claimed that these delays violated the Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., the Administrative Procedure Act, 5 U.S.C. § 551 et seq., and their constitutional rights to due process …

In 1980, Plaintiffs filed a class action lawsuit in the U.S. District Court for the Northern District of Illinois in order to challenge delays between the filing of their initial naturalization applications and the scheduling of preliminary investigations and examinations by the INS. Plaintiffs claimed that these delays violated the Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., the Administrative Procedure Act, 5 U.S.C. § 551 et seq., and their constitutional rights to due process and equal protection. Plaintiffs sought declaratory and injunctive relief, as well as class certification. Proposed plaintiff classes consisted of: (class 1) lawful permanent residents who applied for naturalization but who had not been scheduled for preliminary examinations due to various delays; and (class 2) spouses, parents, children and siblings of the members of class 1 who were waiting to qualify to apply for lawful permanent status pending the naturalization of the members of class 1.

The government defendants moved to dismiss the case for lack of standing. The District Court (Judge Bernard M. Decker) granted Defendants' motion in part. The Court dismissed the case as to the claims of the proposed Class 2 plaintiffs, holding that those individuals did not have standing. As to the claims of the proposed Vlass 1 plaintiffs, the Court ordered that the parties fully brief the standing issue on those claims. Cornejo v. Landon, 524 F. Supp. 118 (N.D.Ill. 1981).

We have no further information on this case.

Summary Authors

Stephen Imm (8/21/2007)

People


Judge(s)

Decker, Bernard Martin (Illinois)

Attorneys(s) for Plaintiff

Bracamonte, Jose (Illinois)

Feiertag, Terry Yale (Illinois)

Goldsmith, Bruce (Illinois)

Kempster, Donald (Illinois)

Poplawski, Christine (District of Columbia)

Resnick, Kalman D (Illinois)

Segal, Dverra (Illinois)

Soliz, Juan M (Illinois)

Attorneys(s) for Defendant

Palmore, Roderick A (Illinois)

Judge(s)

Decker, Bernard Martin (Illinois)

Attorneys(s) for Plaintiff

Bracamonte, Jose (Illinois)

Feiertag, Terry Yale (Illinois)

Goldsmith, Bruce (Illinois)

Kempster, Donald (Illinois)

Poplawski, Christine (District of Columbia)

Resnick, Kalman D (Illinois)

Segal, Dverra (Illinois)

Soliz, Juan M (Illinois)

Attorneys(s) for Defendant

Palmore, Roderick A (Illinois)

Webb, Dan K. (Illinois)

Documents in the Clearinghouse

Document

1:80-cv-02192

Opinion

524 F.Supp. 118

March 31, 1981

March 31, 1981

Order/Opinion

Resources

Docket

Last updated Aug. 9, 2022, 3:14 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Illinois

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: May 2, 1980

Closing Date: March 31, 1981

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Legal permanent residents who submitted naturalization applications but whose preliminary investigation had been delayed

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

Immigration and Naturalization Service, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Immigration/Border:

Admission - procedure

Constitutional rights

Family Separation

U.S. citizenship - acquiring