Case: Doe v. Nelson

In 1988, two undocumented aliens who had been residing in the U.S. since before January 1, 1982, brought suit in the U.S. District Court for the Northern District of Illinois, challenging INS regulations relating to citizenship procedures for the Immigration Reform and Control Act of 1986. The Act established a one-time-only legalization program for undocumented aliens who had been living in the country since before January 1, 1982. In order to qualify for the legalization program, aliens had to meet specific statutory requirements. Before the program started, the INS issued regulation 8 C.F.R. § 245a.2(a)(2)(i), which stated:

An alien who was apprehended by the Service, or who was the subject of an Order to Show Cause, issued on or after November 6, 1986 and prior to May 5, 1987 and who has established prima facie eligibility for adjustment of status under section 245A(a) of the Act must file an application for adjustment during the period beginning on May 5, 1987 and ending on June 3, 1987.

Plaintiffs filed their legalization papers within the year-long application period set by the Act, but outside the 30-day window set by the INS regulation. The INS denied their applications.

Plaintiffs filed suit to challenge the INS denials, alleging that the regulation was overbroad. Plaintiffs maintained that that, according to the Act, the 30-day restriction only applied to aliens who had been served with an Order to Show Cause, which neither Plaintiff had been.

The Government moved to dismiss the case for lack of subject matter jurisdiction. The District Court (Judge William Thomas Hart) denied the defendants' motion. After finding that it had jurisdiction over the case, the Court ordered the plaintiffs to move for certification of an appropriate class "as soon as practicable." Doe v. Nelson, 703 F. Supp. 715 (N.D. Ill. 1988).

We have no further information on the outcome of the case; our case information is limited to the reported District Court opinion.