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Case Name Fraga v. Smith IM-OR-0001
Docket / Court 82-1148-BE ( D. Or. )
State/Territory Oregon
Case Type(s) Immigration
Case Summary
In 1982, foreign-born children of U.S. citizens brought a class action in the United States District Court for the District of Oregon, seeking declaratory and injunctive relief for alleged delays in processing N-600 applications for certificates of citizenship. Plaintiffs contended that the ... read more >
In 1982, foreign-born children of U.S. citizens brought a class action in the United States District Court for the District of Oregon, seeking declaratory and injunctive relief for alleged delays in processing N-600 applications for certificates of citizenship. Plaintiffs contended that the government unreasonably delayed their N-600 applications, sometimes for years, and as a result, they were denied public benefits and other rights of U.S. citizenship because they lacked the official proof of their citizenship. Plaintiffs claimed violations of the Administrative Procedure Act, 5 U.S.C. § 551 et seq.; the Immigration and Nationality Act of 1952, 8 U.S.C. § 1101 et seq.; and the Fifth Amendment Due Process Clause.

The government generally denied the allegations and claimed that any delays in adjudicating N-600 applications were caused by staffing shortages not within their control. The District Court initially certified the case as a class action and the parties then filed cross-motions for summary judgment

On April 19, 1985, the District Court (Judge Belloni), issued its ruling on the pending motions. The Court decertified the plaintiff class as to the claim that INS unreasonably delayed action on plaintiff's' N-600 applications, finding that there was not a common question of fact among the various plaintiffs. The Court granted summary judgment for plaintiffs on their claims that the government used improper procedures in processing N-600 applications. The government was ordered to notify applications when their applications were administratively closed and further ordered to publish the standards regarding the acceptable sources of proof necessary for N-600 applications to be approved. Fraga by and through Fraga v. Smith, 607 F.Supp. 517 (D.Or. 1985).

We have no further information on this case.

Dan Dalton - 12/05/2007


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Issues and Causes of Action
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Issues
General
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Immigration
Constitutional rights
Family
U.S. citizenship - acquiring
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Bivens
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) United States Department of Justice
United States Immigration and Naturalization Service
Plaintiff Description Foreign-born children of U.S. citizens whose N-600 applications for certificates of citizenship have been pending for more than 90 days.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
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
Opinion 04/19/1985 (607 F.Supp. 517) (D. Or.)
IM-OR-0001-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Amended Opinion 06/03/1985 (1985 U.S.Dist.LEXIS 19276) (D. Or.)
IM-OR-0001-0002.pdf | LEXIS | Detail
Document Source: LexisNexis
Judges Belloni, Robert Clinton (D. Or.)
IM-OR-0001-0001 | IM-OR-0001-0002
Monitors/Masters None on record
Plaintiff's Lawyers Dale, D Michael (Oregon)
IM-OR-0001-0001 | IM-OR-0001-0002
Ginsburg, Richard (Oregon)
IM-OR-0001-0001 | IM-OR-0001-0002
Zarov, Ira R. (Oregon)
IM-OR-0001-0001 | IM-OR-0001-0002
Defendant's Lawyers Casey, Craig J (Oregon)
IM-OR-0001-0001 | IM-OR-0001-0002
Turner, Charles H (Oregon)
IM-OR-0001-0001 | IM-OR-0001-0002
Other Lawyers None on record

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