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Case Name Alfaro-Orellana v. Ilchert IM-CA-0034
Docket / Court 88-4729 ( N.D. Cal. )
State/Territory California
Case Type(s) Immigration
Case Summary
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 ... read more >
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.

Brian Ponton - 08/31/2007


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Issues and Causes of Action
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Issues
Immigration
Asylum - procedure
Employment
Work authorization - criteria
Plaintiff Type
State Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) Immigration and Naturalization Service
Plaintiff Description Unknown number of aliens who were seeking asylum
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Declaratory Judgment
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1989 - n/a
Case Closing Year n/a
Case Ongoing No
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Opinion 08/18/1989 (720 F.Supp. 792) (N.D. Cal.)
IM-CA-0034-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Legge, Charles A. (N.D. Cal.)
IM-CA-0034-0001
Monitors/Masters None on record
Plaintiff's Lawyers Kaufman, Jonathan M. (California)
IM-CA-0034-0001
Defendant's Lawyers Kamlet, Susan (California)
IM-CA-0034-0001
Russoneillo, Joseph P. (California)
IM-CA-0034-0001
Other Lawyers None on record

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