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Case Name Stokes v. U.S. Immigration and Naturalization Service IM-NY-0026
Docket / Court 74 Civ. 1022 CLB ( S.D.N.Y. )
State/Territory New York
Case Type(s) Immigration
Case Summary
In 1975, two U.S. citizens who married alien citizens of Guyana, filed suit in the United States District Court for the Southern District of New York, challenging the INS procedure for determining whether to grant preferential status on the ground that said alien was an "immediate relative" of a U. ... read more >
In 1975, two U.S. citizens who married alien citizens of Guyana, filed suit in the United States District Court for the Southern District of New York, challenging the INS procedure for determining whether to grant preferential status on the ground that said alien was an "immediate relative" of a U.S. citizen. Each plaintiff met his wife visiting the U.S. on a non-immigrant visas. The couples were married in civil ceremonies and each man filed a Form I-130 petition on behalf of his wife for designation as an "immediate relative," with consequent preferential immigration status. The INS investigated the I-130 petitions, referring one to criminal investigators and ruling unfavorably in the other. In their lawsuit, plaintiffs challenged the constitutionality of provisions of the Immigration and Nationality Act 8 U.S.C. §§ 1154, 1225 and 1357, regulations found in 8 C.F.R. §§ 103.2 and 204.1(a), and Form I-130. Plaintiffs sought declaratory and injunctive relief, as well as class certification. Plaintiffs also requested that a three-judge panel be convened to rule on their constitutional challenge to the federal statutes.

The INS moved to dismiss for lack of subject matter jurisdiction to exhaust administrative remedies.

The District Court (Judge Brieant) found that the court had jurisdiction over the matter and denied the request for a three-judge panel as the challenge asserted by plaintiffs was to the implementing regulations of Immigration and Nationality Act and Form I-130, not the Act itself. The Court denied the motion for class certification as premature, pending further discovery. The Court also denied plaintiffs' application for a preliminary injunction because neither of plaintiffs' wives was under immediate threat of deportation. Stokes v. U.S., Immigration and Naturalization Service, 393 F.Supp. 24 (D.C.N.Y. 1975).

We have no further information on the disposition of the case.

Dan Dalton - 10/23/2007


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Issues and Causes of Action
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Issues
Discrimination-basis
Family discrimination
Immigration
Deportation - criteria
Deportation - judicial review
Family
Status/Classification
Plaintiff Type
Private Plaintiff
Causes of Action Bivens
Defendant(s) United States Immigration and Naturalization Service
Plaintiff Description Citizens whose alien wives had been denied "immediate relative" status
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Unknown
Prevailing Party Unknown
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Unknown
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Unknown
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
Memorandum and Order 01/09/1975 (393 F.Supp. 24) (S.D.N.Y.)
IM-NY-0026-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Brieant, Charles L. Jr. (S.D.N.Y.)
IM-NY-0026-0001
Monitors/Masters None on record
Plaintiff's Lawyers Barrett, Anita Fisher (New York)
IM-NY-0026-0001
Biervliet, Julius C. (New York)
IM-NY-0026-0001
Dicker, Morton B (New York)
IM-NY-0026-0001
Kirklin, John E. (New York)
IM-NY-0026-0001
Defendant's Lawyers Curran, Paul J. (New York)
IM-NY-0026-0001
Maguire, Mary P. (New York)
IM-NY-0026-0001
Other Lawyers Cohen, Vicki Jo (New York)
IM-NY-0026-0001
Cometa, Angelo T. (New York)
IM-NY-0026-0001
Mailman, Stanley (New York)
IM-NY-0026-0001
Martinez, Antonio C (New York)
IM-NY-0026-0001

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