Case: Immigrant Assistance Project of the Los Angeles County Federation of Labor (AFL-CIO) v. INS

2:88-cv-00379 | U.S. District Court for the Western District of Washington

Filed Date: March 24, 1988

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On March 24, 1988, individual nonimmigrant aliens and various immigration rights organizations filed suit in the U.S. District Court for the Western District of Washington, challenging certain INS policies and regulations relating to the Immigration Reform and Control Act of 1986 (IRCA). Specifically, plaintiffs challenged the interpretation of the requirement that to qualify for legalization under the IRCA the nonimmigrant must have lived continuously and unlawfully in the U.S. since January 1…

On March 24, 1988, individual nonimmigrant aliens and various immigration rights organizations filed suit in the U.S. District Court for the Western District of Washington, challenging certain INS policies and regulations relating to the Immigration Reform and Control Act of 1986 (IRCA). Specifically, plaintiffs challenged the interpretation of the requirement that to qualify for legalization under the IRCA the nonimmigrant must have lived continuously and unlawfully in the U.S. since January 1, 1982, and that their unlawful status was "known to the government."

The IRCA established a one-time only amnesty program through which aliens could apply for lawful temporary resident status and then, after a one-year waiting period, apply for permanent residency. 8 U.S.C. §1255a. To qualify for this program, the alien must have (1) applied for such adjustment within the 12-month period between May 5, 1987, and May 4, 1988; (2) lived continuously and unlawfully in the U.S. since January 1, 1982 with their unlawful status "known to the government"; and (3) been continuously physically present in the United States except for ''brief, casual, and innocent absences,'' since November 6, 1986.

Plaintiffs challenged the INS' regulations 8 C.F.R. §§ 245a.1(d), 245a.2(b) (1992) which interpreted the IRCA's "continuous unlawful residence since 1982" and "known to the government" requirements. Plaintiffs alleged that the regulations violated the plain meaning of the IRCA, as well as the Due Process and Equal Protection Clauses of the Fifth Amendment. Plaintiffs sought class certification and declaratory and injunctive relief. They were represented by attorneys with various advocacy groups, including the Center for Human Rights and Constitutional Law, as well as private counsel.

This case was one of several major lawsuits filed throughout the country, challenging different policies and practices used by the INS to implement the IRCA amnesty program. 8 U.S.C. § 1255a. See Ayuda, Inc. v. Meese, No. 1:88-cv-00625-SS (D.D.C.) [IM-DC-0003]; Catholic Soc. Servs. v. Attorney General, No. 2:86-cv-01343-LKK-JFM (E.D. Cal.) [IM-CA-0011]; Zambrano v. INS, No. 2:88-cv-00455-EJG-PAN (E.D. Cal.) [IM-CA-0008] and League of United Latin Am. Citizens v. INS, No. 2:87-cv-04757-WDK-CW (C.D. Cal.) [IM-CA-0019].

Like the other cases challenging the INS' interpretation of 8 U.S.C. § 1255a, this case resulted in litigation which spanned over a decade and produced a very complicated procedural history of appeals and remands from the Ninth Circuit and Supreme Court. A brief synopsis of that history follows.

On August 29, 1988, plaintiffs filed an Amended Complaint, which the INS moved to dismiss for lack of jurisdiction. The District Court granted the motion as to the individual plaintiffs, but denied it as to the organizational plaintiffs, finding that they had standing in the case in that they alleged the challenged regulations impaired their goals of helping immigrants and caused a financial burden on their resources. Class certification was denied.

On March 7, 1989, the District Court (Chief Judge Barbara J. Rothstein) granted in part plaintiffs' motion for summary judgment, dismissed certain plaintiffs from the case and denied the defendants' motion to dismiss or for summary judgment. The Court declared that the regulations were unlawful and issued an injunction, which was narrower than requested by plaintiffs. Immigration Assistance Project of the L.A. Cnty. Fed'n of Labor (AFL-CIO) v. INS, 709 F. Supp. 998 (W.D. Wash. 1989). The judgment was amended on June 3, 1989, see Immigration Assistance Project of the L.A. Cnty. Fed'n of Labor (AFL-CIO) v. INS, 717 F.Supp. 1444 (W.D. Wash.1989); affirmed in part and reversed in part by the Ninth Circuit, see Legalization Assistance Project of the L.A. Cnty. Fed'n of Labor (AFL-CIO) v. INS, 976 F.2d 1198 (9th Cir. 1992); and vacated and remanded by the Supreme Court for reconsideration in light of Heller v. Doe, 509 U. S. 312 (1993), and Reno v. Catholic Social Services, Inc., 509 U. S. 43 (1993) [IM-CA-0011], see INS v. Legalization Assistance Project of the L.A. Cnty. Fed'n of Labor, 510 U.S. 1007 (1993).

On remand, the plaintiffs sought leave to file a Second Amended Complaint, which again sought class certification and declaratory and injunctive relief. The District Court preliminarily certified the case as a class action, and entered a TRO. A series of orders and appeals followed. (See Immigrant Assistance Project of the L.A. Cnty. Fed'n of Labor (AFL-CIO) v. INS, 306 F.3d 842 (9th Cir. 2002), for a more detailed procedural history). Ultimately, the Ninth Circuit affirmed the District Court's reinstatement of its class certification order and its modified reinstatement of its TRO. Id. The case was remanded to allow plaintiffs to amend the complaint to cure any jurisdictional and venue defects.

After five more years of litigation, the case was settled. Simply stated, the settlement allowed certain individuals, who were turned away when they attempted to apply for legalization or "amnesty" under the Immigration to Reform and Control Act of 1986, to apply for legalization. The settlement also allowed certain individuals who had filed applications and whose applications had been denied to move to reopen their applications with the United States Citizenship and Immigration Services (CIS). Under the settlement, the parties agreed to class certification. The requirements for class membership were quite complex, and prospective class members were required to fill out a detailed Class Member Worksheet. A copy of the Stipulation for Settlement and its attachments is part of the collection of documents we have for this case.

The District Court (Judge James L. Robart) approved the settlement, along with attorney's fees and costs, on September 9, 2008.

Summary Authors

Christopher Schad (6/22/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4681296/parties/legalization-assista-v-ins/


Judge(s)

Farris, Joseph Jerome (Washington)

Ferguson, Warren John (California)

Hug, Procter Ralph Jr. (Nevada)

O'Connor, Sandra Day (District of Columbia)

Pregerson, Dean D. (California)

Robart, James L. (Washington)

Rothstein, Barbara Jacobs (Washington)

Attorneys(s) for Plaintiff

Arnold, Lisa M. (District of Columbia)

Gibbs, Robert H. (Washington)

Holguín, Carlos R. (California)

Judge(s)

Farris, Joseph Jerome (Washington)

Ferguson, Warren John (California)

Hug, Procter Ralph Jr. (Nevada)

O'Connor, Sandra Day (District of Columbia)

Pregerson, Dean D. (California)

Robart, James L. (Washington)

Rothstein, Barbara Jacobs (Washington)

Attorneys(s) for Plaintiff

Arnold, Lisa M. (District of Columbia)

Gibbs, Robert H. (Washington)

Holguín, Carlos R. (California)

Pauw, Robert (Washington)

Pickrell, Christopher Lee (Washington)

Raymond, Robert R. (District of Columbia)

Rubin, Michael (California)

Attorneys(s) for Defendant

Cohen, Rebecca Shapiro (Washington)

Dauenheimer, David E. (District of Columbia)

Keener, Donald E. (District of Columbia)

Norwood, Anthony W. (District of Columbia)

Other Attorney(s)

Schey, Peter A. (California)

Documents in the Clearinghouse

Document

2:88-cv-00379

Docket (PACER)

Sept. 9, 2008

Sept. 9, 2008

Docket
103

2:88-cv-00379

Opinion

Immigration Assistance Project of the LA County Federation of Labor v. INS

709 F.Supp. 998

March 7, 1989

March 7, 1989

Order/Opinion
128

2:88-cv-00379

Opinion

Immigrant Assistance Project of the L.A. County Fed'n of Labor v. INS

717 F.Supp. 1444

June 8, 1989

June 8, 1989

Order/Opinion

89-35345

89-35593

89-35613

89-35706

[Ninth Circuit] Opinion [Affirming in Part and Reversing in Part the District Court's Order]

Legalization Assistance Program of the Los Angeles County Federation of Labor (AFL-CIO) v. INS

U. S. Court of Appeals for the Ninth Circuit

976 F.2d 1198

Sept. 18, 1992

Sept. 18, 1992

Order/Opinion

00426

[Chambers] Opinion [of Justice O'Connor Staying the District Court's Protective Order Pending Appeal to the Ninth Circuit]

INS v. Legalization Assistance Project of the Los Angeles County Federation of Labor

Supreme Court of the United States

510 U.S. 1301

Nov. 26, 1993

Nov. 26, 1993

Order/Opinion

93-00073

[Supreme Court] Order [Granting Certiorari, Vacating and Remanding]

INS v. Legalization Assistance Project of Los Angeles County Federation of Labor

Supreme Court of the United States

510 U.S. 1007

Dec. 6, 1993

Dec. 6, 1993

Order/Opinion

89-35345

89-35593

89-35613

89-35706

[Ninth Circuit] Order [Remanding to the District Court]

Legalization Assistance Project of the Los Angeles County Federation of Labor (AFL-CIO) v. INS

U. S. Court of Appeals for the Ninth Circuit

50 F.3d 789

March 31, 1995

March 31, 1995

Order/Opinion

93-35898

Order [Dismissing Appeal on the District Court's Protective Order]

U. S. Court of Appeals for the Ninth Circuit

51 F.3d 280

March 31, 1995

March 31, 1995

Order/Opinion

2:88-cv-00379

99-35472

[Ninth Circuit] Opinion [Affirming the District Court's Order Reinstating Class Certification and Granting Temporary Relief]

U. S. Court of Appeals for the Ninth Circuit

306 F.3d 842

Sept. 24, 2002

Sept. 24, 2002

Order/Opinion
431

2:88-cv-00379

Third Amended Complaint - Class Action

Northwest Immigrant Rights Project v. U.S. Bureau of Citizenship & Immigration Services

Feb. 6, 2004

Feb. 6, 2004

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4681296/legalization-assista-v-ins/

Last updated Aug. 1, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link

PRE−TRIAL SCHEDULING ORDER/NOTICE Trial set for 9:30 3/27/89 ;discovery cutoff set for 11/14/88 Motion filing deadline 11/24/88 Pretrial order to be submitted by 2/27/89 Trial briefs to be submitted by 3/20/89 39.1 designation effective 11/14/88 (cc: all counsel) (dktclk) (Entered: 01/30/1989)

Aug. 1, 1988

Aug. 1, 1988

PROTECTIVE ORDER by Judge Barbara J. Rothstein : (cc: all counsel) (dktclk) (Entered: 01/30/1989)

Oct. 21, 1988

Oct. 21, 1988

MOTION by plaintiff for summary judgment noted for 1/6/89 (dktclk) (Entered: 01/30/1989)

Nov. 23, 1988

Nov. 23, 1988

94

SUPPLEMENTAL MEMORANDUM by defendant in supp of defts' reply to pltfs' memo in opp to defts' 2nd mot to dismiss (dktclk) (Entered: 01/18/1989)

Jan. 13, 1989

Jan. 13, 1989

95

MEMORANDUM (second supplemental) of points and authorities by defendants in suppor of motion for summary judgment [0−2], in support of motion to dismiss [0−1] (dktclk) (Entered: 01/30/1989)

Jan. 21, 1989

Jan. 21, 1989

MOTION by defendant to dismiss , or, in the alternative, for summary judgment noted for 1/6/89 (dktclk) (Entered: 01/30/1989)

Jan. 23, 1989

Jan. 23, 1989

96

MINUTE ORDER: On 1/13/89 and on 1/21/89 defts submitted supplemental authorities w/out leave of court. The court will accept said materials. However, in the future, the parties must obtain leave of court before filing supplemental materials. (cc: all counsel) (dktclk) (Entered: 01/30/1989)

Jan. 27, 1989

Jan. 27, 1989

97

MOTION by plaintiff for leave to file response to defts' first and second supplemental authorities (dktclk) (Entered: 01/31/1989)

Jan. 30, 1989

Jan. 30, 1989

PROPOSED third supplemental authorities of defendants (dktclk) (Entered: 01/31/1989)

Jan. 30, 1989

Jan. 30, 1989

98

PRETRIAL STATEMENT by plaintiffs (dktclk) (Entered: 01/31/1989)

Jan. 30, 1989

Jan. 30, 1989

100

MINUTE ORDER: granting motion for leave to file response to defts' first and second supplemental authorities [97−1] and striking defts' 3rd supplemental authorities. Clerk to return said supplemental authorities to counsel (cc: all counsel) (dktclk) (Entered: 02/08/1989)

Feb. 3, 1989

Feb. 3, 1989

101

REPLY by plaintiff to defts' first &second supplemental authorities (dktclk) (Entered: 02/08/1989)

Feb. 3, 1989

Feb. 3, 1989

102

MINUTE ORDER: ; pretrial conf scheduled for 11:00 3/17/89 , (cc: all counsel) (dktclk) (Entered: 03/02/1989)

Feb. 27, 1989

Feb. 27, 1989

LODGED PRE−TRIAL ORDER submitted by all parties (dktclk) (Entered: 03/02/1989)

March 1, 1989

March 1, 1989

106

MOTION by plaintiffs to amend judgment (court's 3/6/89 order) noted for 4/14/89 (dktclk) (Entered: 04/06/1989)

March 3, 1989

March 3, 1989

103

ORDER by Judge Barbara J. Rothstein pltfs' motion for summary judgment is granted as to declaratory relief for applicants in categories 1−3. The following pltf organizations are dismissed from this matter: United CA Mexican−Am, Coalition for Fair Immigration, Chinese American Cit, American G I Forum, African Community. Defts' 2nd motion to dismiss or in the alternative for sj is denied. (cc: all counsel) (dktclk) (Entered: 03/08/1989)

March 7, 1989

March 7, 1989

104

MINUTE ORDER: ; teleconf rescheduled for 10:30 3/17/89 , (cc: all counsel) (dktclk) (Entered: 03/13/1989)

March 10, 1989

March 10, 1989

105

MINUTES OF TELEPHONE CONFERENCE had w/ cnsl trial schedule vacated after parties notified court that no trial would be necessary. Pltfs' motion for clarification will be due 3/29/89 and defts' response will be due 4/10/89 cc: all counsel (dktclk) (Entered: 03/21/1989)

March 17, 1989

March 17, 1989

109

LETTER from Robert Gibbs confirming conversation w/ P. Buri re due date for brief seeking modification of court's 3/6/89 order (dktclk) (Entered: 04/07/1989)

March 30, 1989

March 30, 1989

PROPOSED memo in supp of mot to amend judgment (overlength) (dktclk) Modified on 04/06/1989 (Entered: 04/06/1989)

April 3, 1989

April 3, 1989

107

MOTION by plaintiff to exceed page limitation noted for 4/7/89 (dktclk) (Entered: 04/06/1989)

April 3, 1989

April 3, 1989

108

MOTION by plaintiff to shorten time motion to exceed page limitation [107−1] noted for 4/5/89 (dktclk) (Entered: 04/06/1989)

April 3, 1989

April 3, 1989

110

RETURN of SERVICE by plaintiffs of motion for amendment of judgment, mot to shorten time, and mot to file overlength brief upon cnsl of record (dktclk) (Entered: 04/07/1989)

April 4, 1989

April 4, 1989

111

RESPONSE by defendants to motion to exceed page limitation [107−1] (dktclk) (Entered: 04/07/1989)

April 6, 1989

April 6, 1989

112

SUPPLEMENTAL MEMORANDUM by plaintiffs to motion to amend judgment (court's 3/6/89 order) [106−1] (dktclk) (Entered: 04/10/1989)

April 7, 1989

April 7, 1989

113

REPLY by plaintiffs TO RESPONSE to motion to exceed page limitation [107−1] (dktclk) (Entered: 04/13/1989)

April 12, 1989

April 12, 1989

114

AFFIDAVIT (declaration) of Robert Pauw regarding motion to exceed page limitation [107−1] (dktclk) (Entered: 04/13/1989)

April 12, 1989

April 12, 1989

115

RETURN of SERVICE by plaintiffs of reply to opposition to motion to exceed page limitation and decl. of Robert Pauw upon counsel of record (dktclk) (Entered: 04/13/1989)

April 12, 1989

April 12, 1989

116

MINUTE ORDER: pltfs' motion to file overlength brief &motion to shorten time are granted. (cc: all counsel) (dktclk) (Entered: 04/17/1989)

April 14, 1989

April 14, 1989

118

PRAECIPE: by defendants to substitute original service affdavit (dktclk) (Entered: 04/21/1989)

April 14, 1989

April 14, 1989

119

MOTION by defendants to exceed page limitation (dktclk) (Entered: 04/21/1989)

April 17, 1989

April 17, 1989

PROPOSED memo in opp to pltfs' mot for amendment of judgment (dktclk) (Entered: 04/21/1989)

April 17, 1989

April 17, 1989

120

MOTION by defendant to shorten time motion to exceed page limitation [119−1] noted for 4/17/89 (dktclk) (Entered: 04/21/1989)

April 17, 1989

April 17, 1989

121

NOTICE that the following is renoted for 4/28/89: motion to amend judgment (court's 3/6/89 order) (dktclk) (Entered: 04/25/1989)

April 21, 1989

April 21, 1989

122

PRAECIPE: by defendants to substitute declaration (dktclk) (Entered: 04/25/1989)

April 21, 1989

April 21, 1989

123

MINUTE ORDER: granting defts' motion to exceed page limitation [119−1] (cc: all counsel) (dktclk) (Entered: 04/26/1989)

April 24, 1989

April 24, 1989

124

MEMORANDUM by defendants in opposition to motion to amend judgment (court's 3/6/89 order) [106−1] (dktclk) (Entered: 04/26/1989)

April 25, 1989

April 25, 1989

125

REPLY by plaintiff TO RESPONSE to motion to amend judgment (court's 3/6/89 order) [106−1] (dktclk) (Entered: 05/01/1989)

April 27, 1989

April 27, 1989

126

NOTICE OF APPEAL (89−35345) by defendant Alan Nelson, defendant Edwin Meese, defendant Immigration &Natura, defendant Department of State, from Dist. Court order granting in part pltfs' mtn for S/J and denying defts' mtn. to dismiss filed 3/7/89,ent 3/8/89. (dktclk) Modified on 05/30/2000 (Entered: 05/02/1989)

May 2, 1989

May 2, 1989

ENT− mld appeal packet to CCA. cc: cnsl. (dktclk) (Entered: 05/04/1989)

May 4, 1989

May 4, 1989

CERTIFICATE OF RECORD Transmitted to USCA cc: cnsl. (dktclk) (Entered: 05/04/1989)

May 4, 1989

May 4, 1989

NOTIFICATION by Circuit Court of Appellate Docket Number 89−35345 (RS) (Entered: 06/02/1989)

June 1, 1989

June 1, 1989

127

ORDER (CCA) re time schedule: opening brief due 7/5/89; appellee brief due 8/3/89; reply due w/in 14 days. (RS) (Entered: 06/02/1989)

June 1, 1989

June 1, 1989

128

ORDER by Judge Barbara J. Rothstein granting in part and denying in part pltf's motion to amend judgment (court's 3/6/89 order) [106−1] (cc: all counsel) (dktclk) (Entered: 06/08/1989)

June 8, 1989

June 8, 1989

129

EMERGENCY MOTION by plaintiff to compel compliance not noted. (dktclk) (Entered: 06/29/1989)

June 28, 1989

June 28, 1989

130

MEMORANDUM by plaintiff in support of motion to compel compliance [129−1] (dktclk) (Entered: 06/29/1989)

June 28, 1989

June 28, 1989

131

MOTION by plaintiff to shorten time motion to compel compliance [129−1] (dktclk) (Entered: 06/29/1989)

June 28, 1989

June 28, 1989

133

ORDER(CCA) that appellant's mtn to vacate briefing schedule is granted; proceedings stayed until 8/8/89; w/in 7 days of expiration of stay appellants shall file a status report. (dktclk) (Entered: 07/07/1989)

June 28, 1989

June 28, 1989

132

MINUTE ORDER: [131−1] motion to compel compliance [129−1] noted for 8/4/89 (cc: all counsel) (dktclk) (Entered: 07/07/1989)

July 6, 1989

July 6, 1989

134

MEMORANDUM in support of motion to compel compliance (supplemental order) [129−1] (dktclk) (Entered: 07/24/1989)

July 20, 1989

July 20, 1989

LODGED ORDER: re: motion to compel compliance (supplemental order) (dktclk) (Entered: 07/24/1989)

July 20, 1989

July 20, 1989

136

NOTICE OF SUPPLEMENTAL AUTHORITY by defendant (dktclk) (Entered: 07/27/1989)

July 24, 1989

July 24, 1989

137

MOTION by defendants for stay pending appeal noted for 8/18/89 (dktclk) (Entered: 08/01/1989)

July 28, 1989

July 28, 1989

138

MEMORANDUM by defendant in support of motion for stay pending appeal [137−1] (dktclk) (Entered: 08/01/1989)

July 28, 1989

July 28, 1989

139

MOTION by defendant to shorten time motion for stay pending appeal [137−1] noted for 8/1/89 (dktclk) (Entered: 08/01/1989)

July 28, 1989

July 28, 1989

140

AFFIDAVIT (declaration) of Donald Keener regarding motion to shorten time motion for stay pending appeal [137−1] [139−1] (dktclk) (Entered: 08/01/1989)

July 28, 1989

July 28, 1989

141

MEMORANDUM by plaintiffs in opposition to motion to shorten time motion for stay pending appeal [137−1] [139−1] (dktclk) (Entered: 08/01/1989)

July 31, 1989

July 31, 1989

142

MEMORANDUM by defendant in opposition to motion for stay pending appeal [137−1] (dktclk) (Entered: 08/01/1989)

July 31, 1989

July 31, 1989

143

MINUTE ORDER: denying motion to shorten time motion for stay pending appeal [137−1] [139−1] noted for 8/18/89 motion to shorten time motion for stay pending appeal [137−1] [139−1] (cc: all counsel) (dktclk) (Entered: 08/04/1989)

Aug. 1, 1989

Aug. 1, 1989

144

PRAECIPE: by defendant requesting that decl. filed in the 9th CCA be attached to deft. opp to motion for supplemental order filed 7/31/89. (dktclk) (Entered: 08/04/1989)

Aug. 1, 1989

Aug. 1, 1989

145

PRAECIPE: by defendant requesting that clerk substitute originally signed Declaration for the declaration submitted with defts. motion to shorten time. (dktclk) (Entered: 08/04/1989)

Aug. 3, 1989

Aug. 3, 1989

146

REPLY by plaintiff TO RESPONSE to motion for supplemental order. (dktclk) (Entered: 08/04/1989)

Aug. 4, 1989

Aug. 4, 1989

158

NOTICE OF APPEAL (89−35593) by defendants Immigration &Naturalization, et al from Dist Court order ent 6/8/89, except defs do not appeal from portions denying pltfs mot to amend. cc to cnsl (RS) Modified on 05/30/2000 (Entered: 08/25/1989)

Aug. 5, 1989

Aug. 5, 1989

159

AFFIDAVIT of service re notice of appeal. (RS) (Entered: 08/25/1989)

Aug. 5, 1989

Aug. 5, 1989

147

SUPPLEMENTAL MEMORANDUM &REQUEST TO SUBMIT SAME by defendant re motion to compel compliance [129−1] (dktclk) (Entered: 08/15/1989)

Aug. 14, 1989

Aug. 14, 1989

151

RESPONSE IN OPPOSITION by plaintiff to motion for stay pending appeal [137−1] (dktclk) Modified on 08/28/1989 (Entered: 08/17/1989)

Aug. 15, 1989

Aug. 15, 1989

Case terminated per instructions from chambers. (dktclk) (Entered: 08/16/1989)

Aug. 16, 1989

Aug. 16, 1989

148

RETURN of SERVICE (certif. of svc) by plaintiff of pltf's opposition to motion for stay; serv. by UPS sent 8/15/89 for delivery on 8/16/89. (dktclk) (Entered: 08/17/1989)

Aug. 16, 1989

Aug. 16, 1989

149

EX−PARTE MOTION by plaintiff to exceed page limitation (dktclk) (Entered: 08/21/1989)

Aug. 17, 1989

Aug. 17, 1989

150

REPLY by defendant TO RESPONSE to motion for stay pending appeal [137−1] (dktclk) (Entered: 08/21/1989)

Aug. 17, 1989

Aug. 17, 1989

162

NOTICE OF APPEAL (89−35613) by plaintiffs Immigrant Assistance, et al from Dist Court order ent 6/8/89; order ent 3/7/89; order ent 11/3/88; and order ent 11/3/88. Cert of service attached. (RS) Modified on 05/30/2000 (Entered: 08/30/1989)

Aug. 18, 1989

Aug. 18, 1989

RECEIVED fee in amount of $ 105.00 ( Receipt # 163141) (RS) (Entered: 08/30/1989)

Aug. 18, 1989

Aug. 18, 1989

153

PRAECIPE: by defendant INS requesting clerk to file attached decl. of T. O'Reilly with the defts. reply to plts resp to motion for stay. (dktclk) (Entered: 08/22/1989)

Aug. 21, 1989

Aug. 21, 1989

MEMORANDUM by plaintiff in opposition to motion reply to motion for stay pending appeal [150−1] (dktclk) (Entered: 08/23/1989)

Aug. 22, 1989

Aug. 22, 1989

154

EXPARTE MOTION by plaintiff for leave to file supplemental opposition to deft motion for stay pending appeal. (dktclk) (Entered: 08/23/1989)

Aug. 22, 1989

Aug. 22, 1989

PROPOSED Suppl. Opp to Motion for Stay (dktclk) (Entered: 08/23/1989)

Aug. 22, 1989

Aug. 22, 1989

155

RESPONSE by defendant to motion for leave to file supplemental opposition to deft motion for stay pending appeal. [154−1] (dktclk) (Entered: 08/23/1989)

Aug. 23, 1989

Aug. 23, 1989

156

ORDER by Judge Barbara J. Rothstein granting permission to participate in case to Peter Schey. (cc: all counsel) (dktclk) (Entered: 08/25/1989)

Aug. 23, 1989

Aug. 23, 1989

157

ORDER by Judge Barbara J. Rothstein granting motion for leave to file supplemental opposition to deft motion for stay pending appeal on the issue of new evidence of hardship to INS if stay not granted. [154−1] granting motion for stay pending appeal [137−1] striking motion to compel compliance [129−1] (cc: all counsel) (dktclk) (Entered: 08/25/1989)

Aug. 24, 1989

Aug. 24, 1989

160

MINUTE ORDER: granting motion to exceed page limitation [149−1] (cc: all counsel) (dktclk) (Entered: 08/28/1989)

Aug. 24, 1989

Aug. 24, 1989

152

REMARK: there is no document #152 (dktclk) (Entered: 08/25/1989)

Aug. 25, 1989

Aug. 25, 1989

CERTIFICATE OF RECORD Transmitted to USCA. cc to cnsl (RS) (Entered: 08/25/1989)

Aug. 25, 1989

Aug. 25, 1989

ENT−MLD appeal packet to CCA. cc to cnsl (RS) (Entered: 08/25/1989)

Aug. 25, 1989

Aug. 25, 1989

161

RESPONSE IN OPPOSITION by defendant to ex parte motion for leave to file supplemental opposition to deft motion for stay. (dktclk) (Entered: 08/29/1989)

Aug. 28, 1989

Aug. 28, 1989

ENT−MLD appeal packet to CCA. cc to cnsl (RS) (Entered: 08/31/1989)

Aug. 31, 1989

Aug. 31, 1989

165

ORDER (CCA) Proceedings in this appeal are further stayed for 30 days from entry of this order. At or prior to the expiration of the stay, appellants shall file a report providing the appellate docket numbers of any new appeals and informing the court as to the status of pending district court litigation. (dktclk) (Entered: 09/15/1989)

Sept. 2, 1989

Sept. 2, 1989

NOTIFICATION by Circuit Court of Appellate Docket Number 89−35593 (RS) (Entered: 09/07/1989)

Sept. 5, 1989

Sept. 5, 1989

163

ORDER (CCA) re time schedule: appellant's opening brief and excerpts due 10/11/89; appellee's brief due 11/13/89; reply brief due w/in 14 days. (RS) (Entered: 09/07/1989)

Sept. 5, 1989

Sept. 5, 1989

164

ORDER (CCA) re time schedule: appellant's opening brief and excerpts due 10/23/89; appellee's brief due 11/22/89; reply brief due w/in 14 days. (RS) (Entered: 09/13/1989)

Sept. 13, 1989

Sept. 13, 1989

166

NOTICE OF APPEAL (89−35706) by plaintiff One Stop Immigration, plaintiff Hermandad Mexicana N, plaintiff Travelers Aid of Chi, plaintiff WA Assoc of Churches, plaintiff Legalization Assist, plaintiff International Instit, plaintiff International Instit, plaintiff Jane Doe Number 1, plaintiff John Doe Numbers 1,2,3, and 4 from Dist. Court decision of 8/24/89. [157−2] (cc: all counsel) (dktclk) Modified on 05/30/2000 (Entered: 09/26/1989)

Sept. 20, 1989

Sept. 20, 1989

ENT− appeal packet sent to CCA (cc:cnsl) (dktclk) (Entered: 09/26/1989)

Sept. 26, 1989

Sept. 26, 1989

CERTIFICATE OF RECORD Transmitted to USCA (dktclk) (Entered: 09/26/1989)

Sept. 26, 1989

Sept. 26, 1989

167

TIME SCHEDULE ORDER (CCA): Appellant/petioner shall file the civil appeals docketing statement by 10/20/89; app/pet.'s opening brief &excerpts of rec. shall be served &filed by 11/15/89; brief of appellee/respondent shall be filed &served by 12/15/89; optional reply brief of app/pet. shall be filed &served within 14 days of svc of app/resp.'s brief. (dktclk) (Entered: 10/10/1989)

Oct. 10, 1989

Oct. 10, 1989

169

NOTICE by plaintiffs re: Washington Immigration Project of change of address (dktclk) (Entered: 12/12/1989)

Dec. 1, 1989

Dec. 1, 1989

168

ORDER (CCA): Pltf's emergency motion for modification of the USDC's stay pending appeal has been taken under advisement. Pltf's motion for an extension of time to file their brief is GRANTED. Pltf's brief due 12/22/89; deft's answering brief due 1/22/90; optional reply brief due w/in 14 days. (dktclk) (Entered: 12/07/1989)

Dec. 7, 1989

Dec. 7, 1989

170

NOTICE of change of address by NW Immigrant Legal Services (dktclk) (Entered: 01/03/1991)

Dec. 19, 1990

Dec. 19, 1990

NOTIFICATION by Circuit Court of Appellate Docket Number 89−35613 (dktclk) (Entered: 07/17/1992)

July 15, 1992

July 15, 1992

CLERK'S RECORD ON APPEAL transmitted to Circuit (8 vols orig) (dktclk) (Entered: 07/17/1992)

July 17, 1992

July 17, 1992

171

MINUTE ORDER: by Judge Barbara J. Rothstein directing cnsl to meet and confer to determine what action will be required by court as a result of the remand. Cnsl to file report within 10 days of this date. (cc: all counsel) (RS) (Entered: 09/25/1992)

Sept. 25, 1992

Sept. 25, 1992

172

MINUTE ORDER: by Judge Barbara J. Rothstein ; status report ddl extended to 10/27/92 (cc: all counsel) (RS) (Entered: 10/15/1992)

Oct. 13, 1992

Oct. 13, 1992

Case Details

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 24, 1988

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who entered the United States in a non-immigrant status prior to January 1, 1982, who are otherwise prima facie eligible for legalization under § 245A of the INA, 8 U.S.C. § 1255a.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Human Rights & Constitutional Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Immigration and Naturalization Services (INS), Federal

United States Citizenship and Immigration Services, 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.

Declaratory Judgment Act, 28 U.S.C. § 2201

Mandamus, 28 U.S.C. § 1361

Immigration Reform and Control Act of 1986 (IRCA)

Constitutional Clause(s):

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2008 - None

Issues

Immigration/Border:

Admission - criteria

Admission - procedure

Constitutional rights

Legalization/Amnesty

Status/Classification

Temporary protected status

Undocumented immigrants - rights and duties

U.S. citizenship - acquiring