Filed Date: May 2, 1980
Closed Date: March 31, 1981
Clearinghouse coding complete
In 1980, Plaintiffs filed a class action lawsuit in the U.S. District Court for the Northern District of Illinois in order to challenge delays between the filing of their initial naturalization applications and the scheduling of preliminary investigations and examinations by the INS. Plaintiffs claimed that these delays violated the Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., the Administrative Procedure Act, 5 U.S.C. § 551 et seq., and their constitutional rights to due process and equal protection. Plaintiffs sought declaratory and injunctive relief, as well as class certification. Proposed plaintiff classes consisted of: (class 1) lawful permanent residents who applied for naturalization but who had not been scheduled for preliminary examinations due to various delays; and (class 2) spouses, parents, children and siblings of the members of class 1 who were waiting to qualify to apply for lawful permanent status pending the naturalization of the members of class 1.
The government defendants moved to dismiss the case for lack of standing. The District Court (Judge Bernard M. Decker) granted Defendants' motion in part. The Court dismissed the case as to the claims of the proposed Class 2 plaintiffs, holding that those individuals did not have standing. As to the claims of the proposed Vlass 1 plaintiffs, the Court ordered that the parties fully brief the standing issue on those claims. Cornejo v. Landon, 524 F. Supp. 118 (N.D.Ill. 1981).
We have no further information on this case.
Summary Authors
Stephen Imm (8/21/2007)
Decker, Bernard Martin (Illinois)
Bracamonte, Jose (Illinois)
Feiertag, Terry Yale (Illinois)
Goldsmith, Bruce (Illinois)
Kempster, Donald (Illinois)
Decker, Bernard Martin (Illinois)
Last updated March 20, 2024, 3:08 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Illinois
Case Type(s):
Key Dates
Filing Date: May 2, 1980
Closing Date: March 31, 1981
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
Legal permanent residents who submitted naturalization applications but whose preliminary investigation had been delayed
Plaintiff Type(s):
Public Interest Lawyer: Unknown
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Unknown
Defendants
Immigration and Naturalization Service, 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.
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Immigration/Border: