Case: Gorbach v. Reno

2:98-cv-00278 | U.S. District Court for the Western District of Washington

Filed Date: March 5, 1998

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On March 5, 1998, a group of naturalized U.S. citizens who had been served with a notice of intent to revoke naturalization (NOIR) by the Immigration and Naturalization Service (INS) brought suit in the United State District Court for the Western District of Washington, challenging the validity of administrative denaturalization proceedings conducted under INS regulation 8 C.F.R. § 340.1. Before the INS implemented this regulation, the Attorney General alone conducted denaturalization procee…

On March 5, 1998, a group of naturalized U.S. citizens who had been served with a notice of intent to revoke naturalization (NOIR) by the Immigration and Naturalization Service (INS) brought suit in the United State District Court for the Western District of Washington, challenging the validity of administrative denaturalization proceedings conducted under INS regulation 8 C.F.R. § 340.1. Before the INS implemented this regulation, the Attorney General alone conducted denaturalization proceedings in the federal district courts. The Attorney General then delegated that power to the INS which issued the regulation in question. Plaintiffs, who were represented by attorneys with the National Immigration Law Center and private firms, alleged that the regulation violated due process, the Administrative Procedure Act (APA), 5 U.S.C. § 551 et seq., and the Immigration and Nationality Act, 8 U.S.C. § 1101 et. seq. They sought a preliminary injunction to stop denaturalization proceedings under the regulation and requested nationwide class certification.

The government responded by moving to dismiss the case for lack of subject matter jurisdiction.

On July 9, 1998, the District Court (Judge Barbara J. Rothstein) denied the defendants' motion to dismiss and granted the plaintiffs' motion for preliminary injunction and ordered the INS to stop conducting denaturalization proceedings pursuant to regulation. The Court also adopted the report and recommendation of Magistrate Judge David E. Wilson to certify the case as a class action. Gorbach v. Reno, 181 F.R.D. 642, 42 Fed.R.Serv.3d 507 (W.D.Wash. Aug 07, 1998). The government appealed.

A three-judge panel of the Ninth Circuit Court of Appeals vacated the injunction, finding that the Attorney General had the authority to delegate to the INS the authority to conduct denaturalization proceedings. Gorbach v. Reno, 179 F.3d 1111 (9th Cir.1999). Plaintiffs' petition for rehearing en banc was granted and the opinion of the three-judge panel was withdrawn. Gorbach v. Reno, 192 F.3d 1329 (9th Cir. 1999).

On rehearing, the Ninth Circuit en banc affirmed the district court's injunction, holding that there was no statutory authority for the INS to revoke a person's citizenship administratively. Only the Attorney General could seek to do so by filing a petition in a United States District Court. Gorbach v. Reno, 219 F.3d 1087 (9th Cir. 2000).

On remand, the District Court (Judge Rothstein) granted plaintiffs' motion to make the injunction permanent, by order dated February 14, 2001. The Court declined to award attorney fees and costs to plaintiffs. Plaintiffs appealed the fee order, but subsequently dismissed their appeal.

We have no further information on the case.

Summary Authors

Brian Ponton (8/22/2007)

People


Judge(s)

Kleinfeld, Andrew Jay (Alaska)

Rymer, Pamela Ann (California)

Wilson, David E. (Washington)

Attorneys(s) for Plaintiff

Abram, Jonathan L. (District of Columbia)

Andrade, Vibiana (California)

Bradford, William A. Jr. (District of Columbia)

Burman, David J. (Washington)

Flam, Cori F. (District of Columbia)

Franklin, Jonathan S. (District of Columbia)

Gibbs, Robert H. (Washington)

Judge(s)

Kleinfeld, Andrew Jay (Alaska)

Rymer, Pamela Ann (California)

Wilson, David E. (Washington)

Attorneys(s) for Plaintiff

Abram, Jonathan L. (District of Columbia)

Andrade, Vibiana (California)

Bradford, William A. Jr. (District of Columbia)

Burman, David J. (Washington)

Flam, Cori F. (District of Columbia)

Franklin, Jonathan S. (District of Columbia)

Gibbs, Robert H. (Washington)

Joaquin, Linton (California)

Attorneys(s) for Defendant

Levy, Daniel (California)

Maher, Patricia (District of Columbia)

Meissner, Doris M (District of Columbia)

Pickrell, Christopher Lee (Washington)

Rothstein, Barbara Jacobs (Washington)

Slack, Michelle R. (District of Columbia)

Documents in the Clearinghouse

Document

Appellate Court Docket (PACER)

U. S. Court of Appeals for the Ninth Circuit

Aug. 4, 1998 Docket

Docket (PACER)

Aug. 23, 2002 Docket
80

Opinion

1998 U.S.Dist.LEXIS 11850

July 17, 1998 Order/Opinion
93

Opinion

181 F.R.D. 642, 1998 U.S.Dist.LEXIS 13485

Aug. 10, 1998 Order/Opinion

Opinion

U. S. Court of Appeals for the Ninth Circuit

179 F.3d 1111

June 4, 1999 Order/Opinion

Opinion

U. S. Court of Appeals for the Ninth Circuit

219 F.3d 1087, 2000 U.S.App.LEXIS 17372

April 20, 2000 Order/Opinion
148

Opinion

2001 WL 34145464

Feb. 14, 2001 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT-CLASS ACTION Receipt no. 248089 Summonses issued (RS) (Entered: 03/11/1998)

March 5, 1998
2

ATTORNEY APPEARANCE for defendant by Christopher Lee Pickrell and Michelle Slack (atty Slack not yet admitted-forms will be sent) (RS) (Entered: 03/11/1998)

March 6, 1998

PRO HAC VICE APPLICATION AND LODGED ORDER re: atty Jonathan L. Abram on behalf of plaintiffs (receipt #248197) (dktclk) (Entered: 03/13/1998)

March 10, 1998

PRO HAC VICE APPLICATION AND LODGED ORDER re: atty William A. Bradford Jr on behalf of plaintiffs (receipt #248198) (dktclk) (Entered: 03/13/1998)

March 10, 1998

PRO HAC VICE APPLICATION AND LODGED ORDER re: atty Cori F. Flam on behalf of plaintiffs (receipt #248199) (dktclk) (Entered: 03/13/1998)

March 10, 1998

PRO HAC VICE APPLICATION AND LODGED ORDER re: atty Johnathan S. Franklin on behalf of plaintiffs (receipt #248200) (dktclk) (Entered: 03/13/1998)

March 10, 1998
3

AFFIDAVIT OF SERVICE by plaintiffs of pro hac vice applications (dktclk) (Entered: 03/13/1998)

March 10, 1998
9

MEMORANDUM by plaintiffs in support of motion to certify class action [8-1] (dktclk) (Entered: 03/16/1998)

March 12, 1998
10

DECLARATION of David J. Burman in support of plaintiffs' motion to certify class action [8-1] (dktclk) (Entered: 03/16/1998)

March 12, 1998
11

DECLARATION of Jonathan Franklin in support of plaintiffs' motion to certify class action [8-1] (dktclk) (Entered: 03/16/1998)

March 12, 1998
12

DECLARATION of Robert H. Gibbs re motion to certify class action [8-1] (dktclk) (Entered: 03/16/1998)

March 12, 1998
13

DECLARATION of Linton Joaquin in support of plaintiffs' motion to certify class action [8-1] (dktclk) (Entered: 03/16/1998)

March 12, 1998
14

DECLARATION of Daniel levy in support of plaintiffs' motion to certify class action [8-1] (dktclk) (Entered: 03/16/1998)

March 12, 1998

LODGED ORDER: re: motion to certify class action [8-1] (dktclk) (Entered: 03/16/1998)

March 12, 1998
15

MOTION by plaintiffs for preliminary injunction (OA REQUESTED) NOTED FOR 4/10/98 (dktclk) (Entered: 03/16/1998)

March 12, 1998

PROPOSED Memorandum in Support of Motion re: motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

March 12, 1998
16

DECLARATION of David J. Burman re motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

March 12, 1998
17

DECLARATION of Robert H. Gibbs re motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

March 12, 1998
18

DECLARATION of Anthony J. Parker re motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

March 12, 1998
19

DECLARATION of Robert Wells in support of motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

March 12, 1998
20

DECLARATION of Irina Gorbach re motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

March 12, 1998
21

DECLARATION of Jose Luis Rosas-Madrid re motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

March 12, 1998
22

DECLARATION of Eliseo Verduzco-Galvan re motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

March 12, 1998
23

DECLARATION of Agueda Escalante re motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

March 12, 1998
24

DECLARATION of Ruben Lara re motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

March 12, 1998
26

DECLARATION of Mac Maurice Chukwud Ijeaku re motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

March 12, 1998
27

DECLARATION of Loreto Moncada Juan re motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

March 12, 1998
28

DECLARATION of Pdero Legarda-Legarda re motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

March 12, 1998
29

DECLARATION of Adolpho Erazo re motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

March 12, 1998

LODGED ORDER: re: motion for preliminary injunction [15-1] (dktclk) (Entered: 03/16/1998)

March 12, 1998
30

MOTION by plaintiffs for leave to file overlength [memo in support of mtn for preliminary inj] NOTED FOR 4/3/98 (dktclk) (Entered: 03/16/1998)

March 12, 1998
31

MEMORANDUM by plaintiffs in support of motion for leave to file overlength [memo in support of mtn for preliminary inj] [30-1] (dktclk) (Entered: 03/16/1998)

March 12, 1998
32

MOTION by plaintiffs to shorten time on motion for leave to file overlength [memo in support of mtn for preliminary inj] [30-1] (dktclk) (Entered: 03/16/1998)

March 12, 1998

LODGED ORDER: re: motion to shorten time on motion for leave to file overlength [memo in support of mtn for preliminary inj] [30-1] [32-1] (dktclk) (Entered: 03/16/1998)

March 12, 1998

LODGED ORDER: re: motion for leave to file overlength [memo in support of mtn for preliminary inj] [30-1] (dktclk) (Entered: 03/16/1998)

March 12, 1998
33

AFFIDAVIT OF SERVICE by plaintiff of motion to shorten time on motion for leave to file overlength [memo in support of mtn for preliminary inj] [30-1] [32-1], of motion for leave to file overlength [memo in support of mtn for preliminary inj] [30-1], of motion for preliminary injunction (OA REQUESTED) [15-1], of motion to certify class action (OA REQUESTED) [8-1] (dktclk) (Entered: 03/16/1998)

March 12, 1998
32

MEMORANDUM by plaintiffs in support of motion to shorten time on motion for leave to file overlength [memo in support of mtn for preliminary inj] [30-1] [32-1] (dktclk) (Entered: 03/16/1998)

March 12, 1998
4

ORDER by Deputy Clerk granting pro hac vice application allowing Jonathan L. Abram to appear on behalf of plaintiffs. (cc: atty adm, counsel, Judge) (dktclk) (Entered: 03/13/1998)

March 13, 1998
5

ORDER by Deputy Clerk granting pro hac vice application allowing William A. Bradford Jr to appear on behalf of plaintiffs. (cc: atty adm, counsel, Judge) (dktclk) (Entered: 03/13/1998)

March 13, 1998
7

ORDER by Deputy Clerk granting pro hac vice application allowing Jonathan S. Franklin to appear on beahlf of plaintiffs. (cc: atty adm, counsel, Judge) (dktclk) (Entered: 03/13/1998)

March 13, 1998
34

ORDER/NOTICE OF JOINT STATUS REPORT Joint Status Report due 4/12/98 (cc: counsel, Judge) (dktclk) (Entered: 03/16/1998)

March 13, 1998

PRO HAC VICE APPLICATION AND LODGED ORDER re: atty Vibiana Andrade on behalf of plaintiffs (receipt # 248287) (dktclk) (Entered: 03/16/1998)

March 13, 1998

PRO HAC VICE APPLICATION AND LODGED ORDER re: atty Linton Joaquin on behalf of plaintiffs (receipt #248287) (dktclk) (Entered: 03/16/1998)

March 13, 1998
35

AFFIDAVIT OF SERVICE by plaintiffs of pro hac vice applications and lodged orders re: attys Andrae and Joaquin (dktclk) (Entered: 03/16/1998)

March 13, 1998
36

ORDER by Deputy Clerk granting pro hac vice application allowing Vibiana Andrade to appear on behalf of plaintiffs. (cc: atty adm, counsel, Judge) (dktclk) (Entered: 03/16/1998)

March 16, 1998
37

ORDER by Deputy Clerk granting pro hac vice application allowing Linton Joaquin to appear on behalf of plaintiffs. (cc: atty adm, counsel, Judge) (dktclk) (Entered: 03/16/1998)

March 16, 1998
38

PRAECIPE by plaintiffs encloses [corrected] memorandum in support of motion for preliminary injunction (Deputy Clerk marked this memorandum as lodged and placed it on left side of case file.) (dktclk) (Entered: 03/18/1998)

March 16, 1998
41

AFFIDAVIT OF SERVICE re: (revised) memorandum in support of motion for preliminary injunction (dktclk) (Entered: 03/20/1998)

March 16, 1998
39

RESPONSE by defendant INS to plaintiff's motions to shorten time and motion for leave to file overlength [memo in support of mtn for preliminary inj] [30-1] (dktclk) (Entered: 03/19/1998)

March 17, 1998
40

MINUTE ENTRY by the Court GRANTING plaintiff's motion for leave to file overlength [memo in support of mtn for preliminary inj] [30-1], but limiting the opening and responsive briefs to 30 pages each, and plaintiffs' reply brief to 15 pages. (cc: counsel, Judge) (dktclk) (Entered: 03/20/1998)

March 18, 1998
42

RETURN OF SERVICE of summons and complaint executed upon defendant Janet Reno, defendant Doris M Meissner, defendant INS on 3/5/98 (dktclk) (Entered: 03/26/1998)

March 23, 1998
43

LETTER to Court from Aaron H. Caplan regarding agreement of counsel to renote motion to 4/17/98 re: motion for preliminary injunction [15-1] (dktclk) (Entered: 03/27/1998)

March 26, 1998
44

MEMORANDUM by plaintiffs in support of motion for preliminary injunction [15-1] (dktclk) (Entered: 03/27/1998)

March 26, 1998

APPLICATION FOR LEAVE TO APPEAR PRO HAC VICE AND LODGED ORDER by atty Daniel Levy (Receipt # 248620) (dktclk) (Entered: 04/08/1998)

April 2, 1998
47

AFFIDAVIT OF SERVICE of pro hac vice application and lodged order [0-0] (dktclk) (Entered: 04/08/1998)

April 2, 1998
46

RESPONSE by defendants to motion to certify class action (OA REQUESTED) [8-1] (Exhibits A-B Attached) (KERR) (Entered: 04/06/1998)

April 3, 1998
48

ORDER by Deputy Clerk granting pro hac vice application allowing Daniel Levy to appear on behalf of plaintiffs. (cc: atty adm, counsel, Judge) (dktclk) (Entered: 04/08/1998)

April 8, 1998
49

REPLY by plaintiffs TO RESPONSE to motion to certify class action [8-1] (RS) (Entered: 04/10/1998)

April 9, 1998
50

AFFIDAVIT OF SERVICE by plaintiff of motion reply [49-1] (RS) (Entered: 04/10/1998)

April 9, 1998
51

RESPONSE (MEMORANDUM IN OPPOSITION) by defendants to plaintiffs' motion for preliminary injunction (OA REQUESTED) [15-1] (dktclk) (Entered: 04/14/1998)

April 10, 1998
52

DECLARATION of Paul W. Virtue re: motion response [51-1] (dktclk) (Entered: 04/14/1998)

April 10, 1998
55

ORDER OF REFERENCE by Judge Barbara J. Rothstein REFERRING to Magistrate Judge Philip K. Sweigert the motion to certify class action (OA REQUESTED) [8-1] (cc: BJR, PKS, counsel) (dktclk) (Entered: 04/15/1998)

April 10, 1998
53

JOINT STATUS REPORT filed by all parties. Est. Trial Days: 5-7 (dktclk) (Entered: 04/14/1998)

April 13, 1998
54

AFFIDAVIT OF SERVICE by plaintiffs of joint status report [53-1] (dktclk) (Entered: 04/14/1998)

April 13, 1998
56

REPLY by plaintiffs in support of the motion for preliminary injunction [15-1] (dktclk) (Entered: 04/17/1998)

April 16, 1998
57

AFFIDAVIT OF SERVICE by plaintiffs of motion reply [56-1] (dktclk) (Entered: 04/17/1998)

April 16, 1998
58

MOTION by defendants to dismiss for lack of subject matter jurisdiction; OA REQ'D NOTED FOR 5/15/98 (KERR) (Entered: 04/24/1998)

April 23, 1998
59

MEMORANDUM of points and authorities by defendants in support of motion to dismiss for lack of subject matter jurisdiction; OA REQ'D [58-1] (Exhibits A-C Attached) (KERR) (Entered: 04/24/1998)

April 23, 1998

LODGED ORDER: re: motion to dismiss for lack of subject matter jurisdiction; OA REQ'D [58-1] (KERR) (Entered: 04/24/1998)

April 23, 1998
61

ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge Barbara J. Rothstein (cc: counsel, Judge) (dktclk) (Entered: 04/27/1998)

April 24, 1998
62

ORDER by Judge Barbara J. Rothstein REFERRING to Magistrate Judge David E. Wilson the motion to certify class action (OA REQUESTED) [8-1] (cc: BJR, DEW, counsel) (dktclk) (Entered: 04/28/1998)

April 28, 1998
63

MOTION by plaintiffs to vacate or correct referral to Mag Judge NOTED FOR 5/22/98 (RS) (Entered: 05/08/1998)

May 7, 1998
64

MEMORANDUM by plaintiffs in support of motion to vacate or correct referral to Mag Judge [63-1] (RS) (Entered: 05/08/1998)

May 7, 1998

LODGED ORDERS: re: motion to vacate or correct referral to Mag Judge [63-1] (RS) (Entered: 05/08/1998)

May 7, 1998
65

RESPONSE by plaintiffs to motion to dismiss for lack of subject matter jurisdiction; OA REQ'D [58-1] (KERR) (Entered: 05/12/1998)

May 11, 1998
66

REPLY by defendants TO RESPONSE to motion to dismiss for lack of subject matter jurisdiction; OA REQ'D [58-1] (KERR) (Entered: 05/15/1998)

May 14, 1998
67

MEMORANDUM IN RESPONSE by defendants to motion to vacate or correct referral to Mag Judge [63-1] (KERR) (Entered: 05/18/1998)

May 18, 1998
68

MINUTE ORDER: by Judge Barbara J. Rothstein RENOTED FOR 5/15/98 pltfs' motion for preliminary injunction [15-1], RENOTED FOR 5/22/98 pltfs' motion to certify class action [8-1] (cc: counsel, Judge) (KERR) (Entered: 05/20/1998)

May 20, 1998
69

REPLY by plaintiffs in support of the motion to vacate or correct referral to Mag Judge [63-1] (dktclk) (Entered: 05/26/1998)

May 21, 1998
70

AFFIDAVIT OF SERVICE by plaintiffs of motion reply [69-1] (dktclk) (Entered: 05/26/1998)

May 21, 1998
71

MINUTE ENTRY by the Court DENYING plaintiffs' motion to vacate or correct referral to Mag Judge [63-1]; Court CLARIFIES that motion has been referred for a Report and Recommendation, and not a decision by Magistrate Judge Wilson. (cc: BJR, DEW, cnsl) (dktclk) (Entered: 05/28/1998)

May 27, 1998
72

NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF MOTION FOR CLASS CERTIFICATION, and, IN OPPOSITION TO DFTS' MOTION TO DISMISS (dktclk) (Entered: 06/03/1998)

June 1, 1998
72

RESPONSE (NOTICE OF SUPPLEMENTAL AUTHORITY) by plaintiffs to dfts' motion to dismiss for lack of subject matter jurisdiction [58-1] (dktclk) (Entered: 06/03/1998) lack of subject matter jurisdiction [58-1] and GRANTING pltfs' motion for preliminary injunction [15-1]. The dfts are hereby enjoined from initiating or continuing administrative denaturalization proceedings under 8 C.F.R. S 340.1 pending final resolution of the merits of this case (cc: counsel, Judge) (KERR) (Entered: 07/10/1998)

June 1, 1998
74

MINUTE ORDER: by Magistrate Judge David E. Wilson RENOTED FOR 7/17/98 pltfs' motion to certify class action (OA REQUESTED) [8-1] (cc: counsel, Judge) (dktclk) (Entered: 07/13/1998)

July 13, 1998
75

MOTION by defendants for stay of 7/9/98 order pending appeal NOTED FOR 7/31/98 (KERR) Modified on 07/15/1998 (Entered: 07/15/1998)

July 15, 1998
76

MEMORANDUM by defendants in support of motion for stay of 7/9/98 order pending appeal [75-1] (KERR) (Entered: 07/15/1998)

July 15, 1998
77

DECLARATION of Paul W Virtue by defendants in support of motion for stay of 7/9/98 order pending appeal [75-1] (KERR) (Entered: 07/15/1998)

July 15, 1998

LODGED ORDER: re: motion for stay of 7/9/98 order pending appeal [75-1] (KERR) (Entered: 07/15/1998)

July 15, 1998
78

MOTION by defendant to shorten time on motion for stay of 7/9/98 order pending appeal [75-1] NOTED FOR 7/17/98 (KERR) (Entered: 07/15/1998)

July 15, 1998

LODGED ORDER: re: motion to shorten time on motion for stay of 7/9/98 order pending appeal [75-1] [78-1] (KERR) (Entered: 07/15/1998)

July 15, 1998
79

RESPONSE by plaintiffs re: motion to shorten time on motion for stay of 7/9/98 order pending appeal [75-1] [78-1] (KERR) (Entered: 07/17/1998)

July 17, 1998
80

REPORT AND RECOMMENDATION regarding pltfs' motion to certify class action is GRANTED [8-1] and this case is certified as a class action by Magistrate Judge David E. Wilson NOTED FOR 8/7/98 (cc: counsel, BJR, DEW) (KERR) (Entered: 07/20/1998)

July 17, 1998

LODGED ORDER: re: REPORT AND RECOMMENDATION regarding pltfs' motion to certify class action is GRANTED [8-1] and this case is certified as a class action [80-1] (KERR) (Entered: 07/20/1998)

July 17, 1998
81

CORRECTED MOTION by defendants to motion for stay of 7/9/98 order pending appeal [75-1] (KERR) (Entered: 07/20/1998)

July 20, 1998
82

MINUTE ENTRY RE: TELEPHONSE CONFERENCE: by Judge Barbara J. Rothstein GRANTING dfts' motion to shorten time on motion for stay of 7/9/98 order pending appeal [75-1] [78-1]. The motion for stay [75-1] will be considered on 7/24/98. Pltfs' response to mtn to stay is due at start of business on 7/24/98 and dfts' reply is due at the close of business on the same day. The court also accelerates the briefing schedule for consideration of the REPORT AND RECOMMENDATION regarding pltfs' motion to certify class action [8-1] [80-1]. Dfts' objections are due 7/24/98; pltfs' response by 7/30/98 and dfts' reply by 8/6/98. The R&R is noted for 8/7/98. The parties agree to suspend disc until 7/28/98 and to extend the time for filing dfts' answer to the complaint to 8/14/98 (cc: counsel, Judge) (KERR) (Entered: 07/23/1998)

July 23, 1998
83

RESPONSE by plaintiff re: motion for stay of 7/9/98 order pending appeal [75-1] (KERR) (Entered: 07/27/1998)

July 24, 1998
84

AFFIDAVIT OF SERVICE by plaintiffs of motion response [83-1] (KERR) (Entered: 07/27/1998)

July 24, 1998
85

Objections to Report and Recommendation re: pltfs' mtn to certify class action is GRANTED and this case is certified as a class action by defendant NOTED FOR 8/7/98 (KERR) (Entered: 07/27/1998)

July 24, 1998
86

DECLARATION of Paul Virtue by defendant in support of Objections to Report and Recommendation re: pltfs' mtn to certify class action is GRANTED and this case is certified as a class action [85-1] (KERR) (Entered: 07/27/1998)

July 24, 1998
87

REPLY by defendants in support of motion for a stay [75-1] (KERR) (Entered: 07/27/1998)

July 24, 1998

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: March 5, 1998

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of 10 Naturalized American citizens

Attorney Organizations:

National Immigration Law Center

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

The Office of the Attorney General (Washington), 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.

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

U.S. citizenship - losing