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Case Name Giraldo-Hernandez v. New York District Director of the U.S. Immigration & Naturalization Service IM-NY-0027
Docket / Court 89 CIV. 2055 (CSH) ( S.D.N.Y. )
State/Territory New York
Case Type(s) Immigration
Case Summary
In 1989, a Colombia national and lawful permanent resident who was facing deportation for a criminal conviction filed suit in the United States District Court for the Southern District of New York seeking an order to enjoin his deportation. Following his release from state prison on drug charges, ... read more >
In 1989, a Colombia national and lawful permanent resident who was facing deportation for a criminal conviction filed suit in the United States District Court for the Southern District of New York seeking an order to enjoin his deportation. Following his release from state prison on drug charges, the INS instituted deportation proceedings against him and an deportation order was entered. Petitioner subsequently sought to reopen his deportation case and to stay his deportation on the grounds that the New York State Parole Board had granted him a Certificate of Relief from Civil Disabilities. Petitioner maintained that the Parole Board certificate ended his "convicted" status and that he was no longer deportable as a matter of law. The Board of Immigration Appeals and INS refused to stay his deportation while his motion to reopen the case was pending. Petitioner then filed this suit in federal court and moved for injunctive relief. The INS opposed the requested relief and moved to dismiss the case.

On April 18, 1989, the District Court (Judge Haight) issued an injunction prohibiting the deportation of petitioner until the Board of Immigration Appeals ruled on his motion to reopen his deportation case. Giraldo-Hernandez v. New York Dist. Director of U.S. I.N.S., 1989 WL 39684 (S.D.N.Y. 1989).

We have no further information on this case.

Dan Dalton - 11/04/2007


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Issues and Causes of Action
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Issues
Immigration
Deportation - criteria
Deportation - judicial review
Deportation - procedure
Plaintiff Type
Private Plaintiff
Causes of Action None on record
Defendant(s) Immigration and Naturalization Service (INS)
Plaintiff Description A Colombia national facing deportation for criminal conviction.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief 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 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 Opinion and Order 04/18/1989 (1989 WL 39684) (S.D.N.Y.)
IM-NY-0027-0001 PDF | WESTLAW | Detail
Judges Haight, Charles Sherman Jr. (S.D.N.Y.)
IM-NY-0027-0001
Monitors/Masters None on record
Plaintiff's Lawyers Atlas, Linda (New York)
IM-NY-0027-0001
Defendant's Lawyers MacFall, Timothy (New York)
IM-NY-0027-0001
Romano, Benito (New York)
IM-NY-0027-0001
Other Lawyers None on record

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