Case: Alfaro-Orellana v. Ilchert

3:88-cv-04729 | U.S. District Court for the Northern District of California

Filed Date: Dec. 5, 1988

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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 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 an…

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).

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Summary Authors

Brian Ponton (8/31/2007)