Filed Date: Dec. 5, 1988
Clearinghouse coding complete
In 1988 a group of aliens seeking asylum brought a class action lawsuit in the United States District Court for the Northern District of California, seeking an interpretation of the Refugee Act of 1980; 8 U.S.C. §1158(a), as amended. Plaintiffs sought the authority to continue working while their asylum applications were pending. They brought the case pursuant to the Immigration and Nationality Act, 8 U.S.C. §1329 and Administrative Procedure Act, 5 U.S.C. §§ 701-706 and sought declaratory and injunctive relief, as well as class certification.
The District Court (Judge J. Legge) granted a preliminary injunction and issued a temporary restraining order. He did not certify the case as a class action, finding that the contested issue was one of statutory interpretation, for which class procedures were unnecessary. The parties then filed cross-motions for summary judgment.
On August 18, 1989, Judge Legge entered summary judgment in favor of plaintiffs, holding that aliens that filed non-frivolous applications for asylum were entitled to work authorizations during entire pendency of application process. He ordered the INS to take prompt action in granting the requested work authorizations for asylum applicants. Alfaro-Orellana v. Ilchert, 720 F.Supp. 792 (N.D. Cal. 1989).
We have no further information on this case.
Summary Authors
Brian Ponton (8/31/2007)
Legge, Charles A. (California)
Kaufman, Jonathan M. (California)
Kamlet, Susan (California)
Russoneillo, Joseph P. (California)
Legge, Charles A. (California)
Last updated March 25, 2024, 3:02 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: California
Case Type(s):
Key Dates
Filing Date: Dec. 5, 1988
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Unknown number of aliens who were seeking asylum
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Immigration and Naturalization Service, Federal
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Order Duration: 1989 - None
Content of Injunction:
Issues
Immigration/Border: