Case: Wright v. Greene

1:94-cv-02883 | U.S. District Court for the District of Colorado

Filed Date: Dec. 14, 1994

Closed Date: Sept. 11, 2000

Clearinghouse coding complete

Case Summary

On December 14, 1994, Wright filed a complaint in the U.S. District Court in the District of Colorado, alleging he and his wife had been separated for nearly one and a half years due to her illegal deportation. Plaintiff requested a judicial determination that the deportation was illegal and that his wife be returned from Korea to the U.S. for further proceedings.The government moved to dismiss the case. Plaintiff requested leave to amend his complaint.The District Court (Senior District Judge…

On December 14, 1994, Wright filed a complaint in the U.S. District Court in the District of Colorado, alleging he and his wife had been separated for nearly one and a half years due to her illegal deportation. Plaintiff requested a judicial determination that the deportation was illegal and that his wife be returned from Korea to the U.S. for further proceedings.

The government moved to dismiss the case. Plaintiff requested leave to amend his complaint.

The District Court (Senior District Judge Kane) denied the government's request for dismissal and granted plaintiff leave to amend the complaint, listing as plaintiffs his wife and a class consisting of "all persons who have in the past or may in the future be subjected to Denver Immigration and Naturalization Service (INS) illegal procedures aimed at depriving them of their right to seek judicial review or judicial or administrative stay of deportation." Wright v. Greene, 910 F.Supp. 510 (D.Colo. Jan. 09, 1996).

Thereafter, the government filed a renewed motion to dismiss and several supplemental briefs in support of dismissal. On September 11, 2000, the District Court (Judge Walker D. Miller) granted defendants' motion to dismiss for lack of jurisdiction and for failure to state claim. Judgment was entered in favor of defendants and the case was closed.

Summary Authors

Dan Dalton (11/13/2007)

People


Judge(s)

Kane, John L. Jr. (Colorado)

Attorney for Plaintiff

McFee, Lane (Colorado)

Attorney for Defendant

Bither, Christine (District of Columbia)

Gill, George E. (Colorado)

Hegarty, Michael E. (Colorado)

Judge(s)

Kane, John L. Jr. (Colorado)

Miller, Walker David (Colorado)

Attorney for Plaintiff

show all people

Documents in the Clearinghouse

Document

1:94-cv-02883

Docket (PACER)

Sept. 11, 2000

Sept. 11, 2000

Docket

1:95-cv-01545

Docket [related case]

Wright v. INS

Sept. 11, 2000

Sept. 11, 2000

Docket
20

1:94-cv-02883

Memorandum Opinion and Order

Jan. 9, 1996

Jan. 9, 1996

Order/Opinion

910 F.Supp. 910

Docket

Last updated Feb. 15, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

Copy of COMPLAINT (Summons(es) issued) (former empl) Modified on 12/20/1994 (Entered: 12/20/1994)

Dec. 19, 1994

Dec. 19, 1994

FILING FEE PAID: on 12/20/94 in the amount of $ 120.00, receipt # 322389. (former empl) (Entered: 12/20/1994)

Dec. 19, 1994

Dec. 19, 1994

2

RETURN OF SERVICE of Summons and Complaint upon / by defendant Joseph R. Greene, District Director, Legal Counsel for INS on 12/21/94 (former empl) (Entered: 12/22/1994)

Dec. 21, 1994

Dec. 21, 1994

3

RETURN OF SERVICE of Summons and Complaint upon / by defendant INS on 12/19/94, by serving United States Attorney General (former empl) (Entered: 12/22/1994)

Dec. 21, 1994

Dec. 21, 1994

4

RETURN OF SERVICE of Summons and Complaint upon defendant Joseph R. Greene, District Director, Legal Csl of INS on 12/21/94 (lam) (Entered: 12/23/1994)

Dec. 21, 1994

Dec. 21, 1994

5

LETTER to court from US Attorney stating the summons in case is defective. US Attorney will not file an answer to this complaint. (former empl) (Entered: 12/28/1994)

Dec. 27, 1994

Dec. 27, 1994

6

Letter (STATEMENT) from George Gill, counsel for defendant Joseph R. Greene, defendant INS advising they have again been served and will answer or respond by 3/27/94 (sic) if the defts have also been served on 12/27/94. complaint [1-1], executed service [4-1] (gms) (Entered: 01/03/1995)

Dec. 30, 1994

Dec. 30, 1994

7

RETURN OF SERVICE of Summons and Complaint upon defendant Joseph R. Greene, defendant INS on 12/23/94 as follows: US Atty's Office , District Director INS, Legal Csl INS, US Atty General by mail (no green certified mail receipts) (lam) Modified on 01/06/1995 (Entered: 01/06/1995)

Jan. 3, 1995

Jan. 3, 1995

10

BRIEF by defendant Joseph R. Greene, defendant INS in support of motion to dismiss cmp in its entirety for lack of jurisdiction before Chief Judge Richard P. Matsch [8-1] (former empl) (Entered: 03/31/1995)

March 27, 1995

March 27, 1995

8

ANSWER by defendant Joseph R. Greene, defendant INS to complaint [1-1] and motion to dismiss (former empl) (Entered: 03/28/1995)

March 27, 1995

March 27, 1995

8

MOTION by defendant Joseph R. Greene, defendant INS to dismiss cmp in its entirety for lack of jurisdiction before Chief Judge Richard P. Matsch (former empl) (Entered: 03/28/1995)

March 27, 1995

March 27, 1995

9

ORDER to Respond by Chief Judge Richard P. Matsch regarding [8-1] motion to dismiss cmp in its entirety for lack of jurisdiction before Chief Judge Richard P. Matsch...pla to respond by 4/18/95 (cc: all counsel) ; entry date : 3/30/95 (former empl) (Entered: 03/30/1995)

March 28, 1995

March 28, 1995

11

Partial Response and MOTION by plaintiff Gregory Wright to extend time to respond to govt's mtn to dismiss for 30 days (former empl) (Entered: 04/19/1995)

April 18, 1995

April 18, 1995

12

MINUTE ORDER : by Chief Judge Richard P. Matsch granting motion to extend time to respond to govt's mtn to dismiss for 30 days [11-1] to 5/18/95 (cc: all counsel) ; entry date : 4/26/95 (former empl) (Entered: 04/26/1995)

April 24, 1995

April 24, 1995

13

ORDER Reassigning This Civil Action by Chief Judge Richard P. Matsch Case reassigned to Judge John L. Kane (cc: all counsel) ; entry date : 5/3/95 (former empl) (Entered: 05/03/1995)

May 1, 1995

May 1, 1995

14

MOTION by plaintiff Gregory Wright to amend Complaint in HC proceedings. (former empl) (Entered: 05/18/1995)

May 18, 1995

May 18, 1995

15

MOTION by plaintiff Gregory Wright for leave to add page missing from Motion to Amend Complaint in Habeas Corpus Proceedings. (former empl) (Entered: 05/24/1995)

May 23, 1995

May 23, 1995

16

ORDER by Judge John L. Kane granting Plf's motion for leave to add page missing from Motion to Amend Complaint in Habeas Corpus Proceedings [15-1]. (cc: all counsel) ; entry date : 5/25/95 (former empl) (Entered: 05/25/1995)

May 24, 1995

May 24, 1995

17

RESPONSE by defendants to Plf's motion to amend Complaint in HC proceedings [14-1]. (former empl) (Entered: 08/29/1995)

Aug. 28, 1995

Aug. 28, 1995

18

MINUTE ORDER : by Judge John L. Kane regarding [17-1] motion response, regarding [14-1] motion to amend Complaint in HC proceedings; pla to reply by 11/16/95 (cc: all counsel) ; entry date : 10/30/95 (former empl) (Entered: 10/30/1995)

Oct. 30, 1995

Oct. 30, 1995

19

REPLY by plaintiff Gregory Wright to response to motion to amend Complaint in HC proceedings to add Mihyang Wright as Plaintiff and to certify as a class action [14-1] (former empl) (Entered: 11/17/1995)

Nov. 16, 1995

Nov. 16, 1995

20

MEMORANDUM, OPINION, AND ORDER: by Judge John L. Kane granting motion to amend Complaint in HC proceedings. [14-1] and to add Mihyang Kim Wright and the proposed class of additional plas is granted; and pla is to file amd cmp on date no later than 20 days after date of this order and dfts to file responsive pleading with 20 days after being served w/amd cmp, denying motion to dismiss cmp in its entirety for lack of jurisdiction before Chief Judge Richard P. Matsch [8-1] (cc: all counsel) ; entry date : 1/11/96 (former empl) (Entered: 01/11/1996)

Jan. 9, 1996

Jan. 9, 1996

Clearinghouse
21

AMENDED COMPLAINT for Declaratory, Injunctive and Mandatory Relief and/or Habeas Corpus [1-1] by plaintiff Gregory Wright; adding Mihyang Kim Wright, USA (former empl) (Entered: 01/30/1996)

Jan. 29, 1996

Jan. 29, 1996

22

ATTORNEY APPEARANCE for defendant Joseph R. Greene, defendant INS, defendant USA by Anthony W. Norwood, Christine Bither (former empl) (Entered: 02/01/1996)

Jan. 31, 1996

Jan. 31, 1996

23

ORDER FOR RULE 16 CONFERENCE by Judge John L. Kane ; Rule 16 conference set for 8:30 3/27/96; stip sched disc order due 3/21/96 (cc: all counsel) (former empl) (Entered: 02/02/1996)

Feb. 2, 1996

Feb. 2, 1996

24

Motion by defendant Joseph R. Greene, defendant INS to dismiss for lack of jurisdiction and for failure to state claim upon relief can be granted before Judge John L. Kane (former empl) (Entered: 02/20/1996)

Feb. 16, 1996

Feb. 16, 1996

25

Memorandum (BRIEF) by defendant Joseph R. Greene, defendant INS in support of motion to dismiss for lack of jurisdiction and for failure to state claim upon relief can be granted before Judge John L. Kane [24-1] (former empl) (Entered: 02/20/1996)

Feb. 16, 1996

Feb. 16, 1996

26

MINUTE ORDER : by Judge John L. Kane regarding [24-1] motion to dismiss for lack of jurisdiction and for failure to state claim upon relief can be granted before Judge John L. Kane; pla to respond by 3/6/96; dfts to reply by 3/16/96 (cc: all counsel) ; entry date : 2/23/96 (former empl) (Entered: 02/23/1996)

Feb. 23, 1996

Feb. 23, 1996

27

REPLY by plaintiff Gregory Wright, plaintiff Mihyang Kim Wright to response to motion to dismiss for lack of jurisdiction and for failure to state claim upon relief can be granted before Judge John L. Kane [24-1] and opposition to class certification (former empl) (Entered: 03/07/1996)

March 6, 1996

March 6, 1996

28

REPLY by defendant Joseph R. Greene, defendant INS, defendant USA to response to motion to dismiss for lack of jurisdiction and for failure to state claim upon relief can be granted before Judge John L. Kane [24-1] (former empl) (Entered: 03/19/1996)

March 15, 1996

March 15, 1996

29

COURTROOM MINUTES by Judge John L. Kane regarding [24-1] motion to dismiss for lack of jurisdiction and for failure to state claim upon relief can be granted before Judge John L. Kane; response due within 20 days; reply due 10 days after response filed; scheduling order approved ; rule 16 conf held on 3/27/96 ; status conf set for 1/10/97 ; entry date : 3/27/96 Court Reporter: Jeannette Gallardo (former empl) (Entered: 03/27/1996)

March 27, 1996

March 27, 1996

30

Stipulated SCHEDULING and Discovery ORDER Judge John L. Kane ; Discovery cutoff 11/22/96 ;dispositive motions due 12/23/96 (cc: all counsel) (former empl) (Entered: 03/28/1996)

March 27, 1996

March 27, 1996

31

MINUTE ORDER : by Judge John L. Kane ; status conf set for 8:30 1/10/97 (cc: all counsel) ; entry date : 3/28/96 (former empl) (Entered: 03/28/1996)

March 27, 1996

March 27, 1996

32

NOTICE of Statutory Amendment by defendant (former empl) (Entered: 05/07/1996)

May 6, 1996

May 6, 1996

33

MINUTE ORDER : by Judge John L. Kane Case reassigned to Judge Walker D. Miller (cc: all counsel) ; entry date : 10/8/96 (former empl) (Entered: 10/08/1996)

Oct. 7, 1996

Oct. 7, 1996

35

MINUTE ORDER : by Judge Walker D. Miller ; status conf re set for 9:00 1/17/97 (cc: all counsel) ; entry date : 11/18/96 (former empl) (Entered: 11/18/1996)

Nov. 13, 1996

Nov. 13, 1996

34

ORDER stat stlmt pt discovery only referred to Magistrate Judge Bruce D. Pringle ; by Judge Walker D. Miller (cc: to counsel) (former empl) (Entered: 11/18/1996)

Nov. 13, 1996

Nov. 13, 1996

36

Notice of Statutory Amendment & SUPPLEMENTAL Memorandum by defendants to dismiss for lack of jurisdiction [24-1] (lam) (Entered: 11/29/1996)

Nov. 27, 1996

Nov. 27, 1996

37

MINUTE ORDER : by Magistrate Judge Bruce D. Pringle ; settlement conf set for 9:00 1/28/97 (cc: all counsel) ; entry date : 12/11/96 (former empl) (Entered: 12/11/1996)

Dec. 10, 1996

Dec. 10, 1996

38

MINUTE ORDER : by Magistrate Judge Bruce D. Pringle ; settlement conf set for 10:30 2/6/97 each pty to submit suppl conf stlmt stmt by 1/31/97 (cc: all counsel) ; entry date : 12/19/96 (former empl) (Entered: 12/19/1996)

Dec. 17, 1996

Dec. 17, 1996

39

MINUTE ORDER : by Judge Walker D. Miller ; status conf set for 9:00 2/6/97 (cc: all counsel) ; entry date : 12/19/96 (former empl) (Entered: 12/19/1996)

Dec. 17, 1996

Dec. 17, 1996

40

MINUTE ORDER : by Judge Walker D. Miller ; govt memo on effect of '96 statutory amndmnts (status report ddl) set for 2/28/97; pltf resp 4/7/97, rply 4/28/97 (cc: all counsel) ; entry date : 2/7/97 (former empl) (Entered: 02/07/1997)

Feb. 6, 1997

Feb. 6, 1997

41

COURTROOM MINUTES by Judge Walker D. Miller ; status conf held 2/6/97 O: mtns discussed; govt req to file memo on status GR: g'vt memo due 2/28/97, resp 4/7/97, gvt rply 4/2/8/97; oral mtn/return Mihyang Kim Wright to US during pendency denied ; entry date : 2/10/97 Court Reporter: Jeannette Galardo, ECR (former empl) (Entered: 02/10/1997)

Feb. 6, 1997

Feb. 6, 1997

42

SECOND SUPPLEMENTAL MEMORANDUM by defendant Joseph R. Greene, defendant INS, defendant USA motion to dismiss for lack of jurisdiction and for failure to state claim upon relief can be granted before Judge John L. Kane [24-1] (former empl) (Entered: 03/04/1997)

Feb. 28, 1997

Feb. 28, 1997

43

REPLY IN SUPPORT OF SUPPLE MEMO by defendant Joseph R. Greene, defendant INS, defendant USA motion to dismiss for lack of jurisdiction and for failure to state claim upon relief can be granted before Judge John L. Kane [24-1] (former empl) (Entered: 04/29/1997)

April 28, 1997

April 28, 1997

44

MOTION by plaintiffs to strike dfts reply submitted 4/28/97 (former empl) (Entered: 05/14/1997)

May 12, 1997

May 12, 1997

45

RESPONSE by defendant Joseph R. Greene, defendant INS, defendant USA to motion to strike dfts reply submitted 4/28/97 [44-1] (former empl) (Entered: 05/28/1997)

May 23, 1997

May 23, 1997

46

Third SUPPLEMENTAL by defendants memorandum brief [25-1] in support of mtns to dism for lack of jurisdiction (former empl) (Entered: 04/06/1998)

April 1, 1998

April 1, 1998

46

Request (MOTION) by defendants for oral argument hearing (former empl) (Entered: 04/06/1998)

April 1, 1998

April 1, 1998

47

REPLY by plaintiffs to dfts third suppl memorandum [46-1] (former empl) (Entered: 04/14/1998)

April 13, 1998

April 13, 1998

48

MINUTE ORDER : by Judge Walker D. Miller denying motion for oral argument hearing [46-1] (cc: all counsel) ; entry date : 9/25/98 (former empl) (Entered: 09/25/1998)

Sept. 25, 1998

Sept. 25, 1998

49

Ntc of Right to Consent to Final Determination of Dispo Mtns by US Mag Judge pursuant to 28 USC 636(c) (STATEMENT) motion to dismiss for lack of jurisdiction and for failure to state claim upon relief can be granted before Judge John L. Kane [24-1] (former empl) (Entered: 04/21/1999)

April 20, 1999

April 20, 1999

50

MOTION by plaintiff to continue for 20 days (former empl) (Entered: 05/21/1999)

May 21, 1999

May 21, 1999

51

MINUTE ORDER : by Judge Walker D. Miller granting motion to continue for 20 days [50-1], regarding [24-1] motion to dismiss for lack of jurisdiction and for failure to state claim upon relief can be granted before Judge John L. Kane (cc: all counsel) ; entry date : 5/26/99 (former empl) (Entered: 05/26/1999)

May 25, 1999

May 25, 1999

52

Memorandum of Law (BRIEF) FILED by plaintiff motion to dismiss for lack of jurisdiction and for failure to state claim upon relief can be granted before Judge John L. Kane [24-1] (former empl) (Entered: 06/10/1999)

June 9, 1999

June 9, 1999

53

ORDER by Judge Walker D. Miller granting dft's motion to dismiss for lack of jurisdiction and for failure to state claim upon relief can be granted [24-1] This case is dismissed w/prejudice, Dft may have their costs (cc: all counsel) ; entry date : 9/11/00 (former empl) (Entered: 09/11/2000)

Sept. 8, 2000

Sept. 8, 2000

54

JUDGMENT: by Clerk James R. Manspeaker regarding [53-1] order jgm entered for dfts & against pla, complaint dismissed w/prejudice, dfts to have costs upon filing of bill of costs dismissing case (cc: all counsel) ; entry date : 9/11/00 (former empl) (Entered: 09/11/2000)

Sept. 11, 2000

Sept. 11, 2000

Case Details

State / Territory: Colorado

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Dec. 14, 1994

Closing Date: Sept. 11, 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who have in the past or may in the future be subjected to Denver Immigration and Naturalization Service (INS) illegal procedures aimed at depriving them of their right to seek judicial review or administrative stay of deportation.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Immigration and Naturalization Service (INS), Federal

Case Details

Causes of Action:

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Habeas Corpus

Immigration/Border:

Deportation - judicial review