Case: Doe v. Nelson

1:88-06987 | U.S. District Court for the Northern District of Illinois

Filed Date: Aug. 12, 1988

Closed Date: Dec. 28, 1988

Clearinghouse coding complete

Case Summary

In 1988, two undocumented aliens who had been residing in the U.S. since before January 1, 1982, brought suit in the U.S. District Court for the Northern District of Illinois, challenging INS regulations relating to citizenship procedures for the Immigration Reform and Control Act of 1986. The Act established a one-time-only legalization program for undocumented aliens who had been living in the country since before January 1, 1982. In order to qualify for the legalization program, aliens had…

In 1988, two undocumented aliens who had been residing in the U.S. since before January 1, 1982, brought suit in the U.S. District Court for the Northern District of Illinois, challenging INS regulations relating to citizenship procedures for the Immigration Reform and Control Act of 1986. The Act established a one-time-only legalization program for undocumented aliens who had been living in the country since before January 1, 1982. In order to qualify for the legalization program, aliens had to meet specific statutory requirements. Before the program started, the INS issued regulation 8 C.F.R. § 245a.2(a)(2)(i), which stated:

An alien who was apprehended by the Service, or who was the subject of an Order to Show Cause, issued on or after November 6, 1986 and prior to May 5, 1987 and who has established prima facie eligibility for adjustment of status under section 245A(a) of the Act must file an application for adjustment during the period beginning on May 5, 1987 and ending on June 3, 1987.

Plaintiffs filed their legalization papers within the year-long application period set by the Act, but outside the 30-day window set by the INS regulation. The INS denied their applications.

Plaintiffs filed suit to challenge the INS denials, alleging that the regulation was overbroad. Plaintiffs maintained that that, according to the Act, the 30-day restriction only applied to aliens who had been served with an Order to Show Cause, which neither Plaintiff had been.

The Government moved to dismiss the case for lack of subject matter jurisdiction. The District Court (Judge William Thomas Hart) denied the defendants' motion. After finding that it had jurisdiction over the case, the Court ordered the plaintiffs to move for certification of an appropriate class "as soon as practicable." Doe v. Nelson, 703 F. Supp. 715 (N.D. Ill. 1988).

We have no further information on the outcome of the case; our case information is limited to the reported District Court opinion.

Summary Authors

Stephen Imm (8/22/2007)

People


Judge(s)

Hart, William Thomas (Illinois)

Attorneys(s) for Plaintiff

Gzesh, Susan R. (Illinois)

Mousin, Craig B. (Illinois)

Rubman, David (Illinois)

Attorneys(s) for Defendant

Hoofnagle, James G Jr. (Illinois)

Judge(s)

Hart, William Thomas (Illinois)

Attorneys(s) for Plaintiff

Gzesh, Susan R. (Illinois)

Mousin, Craig B. (Illinois)

Rubman, David (Illinois)

Attorneys(s) for Defendant

Hoofnagle, James G Jr. (Illinois)

Documents in the Clearinghouse

Document

1:88-06987

Opinion

703 F.Supp. 713

Dec. 28, 1988

Dec. 28, 1988

Order/Opinion

Resources

Docket

Last updated Aug. 9, 2022, 3:15 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: Aug. 12, 1988

Closing Date: Dec. 28, 1988

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Aliens Juan Doe and Maria Roe bring action challenging order to show cause, as stipulated by INS after November 6, 1986/

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:

Immigration Reform and Control Act of 1986 (IRCA)

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Issues

Immigration/Border:

Admission - procedure

Constitutional rights

U.S. citizenship - acquiring