Filed Date: Oct. 17, 1980
Closed Date: 1985
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In 1980, Russian parents of a minor child who was granted asylum by the U.S. filed suit in the United States District Court for the Northern District of Illinois, claiming that grant of asylum to their child was in violation of their due process rights. The parents sought an order vacating the grant of asylum.
The plaintiff parents came to the U.S. from Russia in 1980 with their three children. They decided to return, but two of the children decided to stay with relatives. The parents resisted the younger child Walter's decision to stay and litigation ensued.
Walter became a ward of the state and was removed from his parents' custody by the state trial court. In December 1981, the Illinois Appellate Court reversed the decision of the trial court. In re Polovchak ( Illinois v. Polovchak), 104 Ill.App.3d 203, 59 Ill.Dec. 929, 432 N.E.2d 873 (1981). The Illinois Supreme Court affirmed. In re Polovchak, 97 Ill.2d 212, 73 Ill.Dec. 398, 454 N.E.2d 258 (1983), cert. denied, --- U.S. ----, 104 S.Ct. 1413, 79 L.Ed.2d 740 (1984).
In the interim, the parents returned to Russia.
In the federal case, on July 17, 1985, the District Court (Judge Thomas R. McMillen) entered summary judgment in favor of the parents, finding that the parents were deprived of their due process rights when the INS granted asylum to their minor child without giving them notice and a hearing. The District Court also entered an injunction prohibiting the enforcement of an INS "departure control order" prohibiting the son's return to the Soviet Union. Polovchak v. Landon, 614 F.Supp. 900 (N.D.Ill. 1985). The government appealed. The Court of Appeals for the Seventh Circuit (Circuit Judge Cudahy) agreed that the parents were deprived of due process, but vacated the District Court's injunction since it did not take into account the rights of the minor child. Polovchak v. Meese, 774 F.2d 731 (7th Cir. 1985). The minor turned 18 years old shortly after the appellate opinion was issued.
We have no further information on this case.
Summary Authors
Dan Dalton (12/22/2007)
Cudahy, Richard Dickson (Illinois)
Bombaugh, Robert L. (District of Columbia)
Branding, Frederick H. (Illinois)
Cherry, Joan S. (Illinois)
Daley, Richard M. (Illinois)
Cudahy, Richard Dickson (Illinois)
McGillicuddy, Helen F. (Illinois)
McMillen, Thomas Roberts (Illinois)
Posner, Richard Allen (Illinois)
Swygert, Luther Merritt (Illinois)
Underwood, Mell Gilbert (Ohio)
Last updated March 20, 2024, 3:13 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Illinois
Case Type(s):
Key Dates
Filing Date: Oct. 17, 1980
Closing Date: 1985
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Russian parents of minor child who was granted asylum by the U.S.
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Denied
Defendants
Immigration and Naturalization Service, Federal
United States Attorney General, Federal
Case Details
Causes of Action:
Ex Parte Young (Federal) or Bivens
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Issues
Immigration/Border: