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Case Name Perez-Funez v. Immigration and Naturalization Service IM-CA-0036
Docket / Court CV 81-1457, CV 81-1932 ( C.D. Cal. )
State/Territory California
Case Type(s) Immigration
Attorney Organization ACLU Chapters (any)
ACLU National (all projects)
ACLU of Southern California
Case Summary
This case involves two consolidated actions, Yanira Pena and Claudia Pena v. INS, CV 81-1932, and Jose Antonio Perez-Funez v. INS, CV 81-1457, in which plaintiffs filed separate lawsuits in the United States District Court for the Central District of California, challenging the manner in which the ... read more >
This case involves two consolidated actions, Yanira Pena and Claudia Pena v. INS, CV 81-1932, and Jose Antonio Perez-Funez v. INS, CV 81-1457, in which plaintiffs filed separate lawsuits in the United States District Court for the Central District of California, challenging the manner in which the INS implemented its voluntary departure procedure with respect to unaccompanied minor aliens in its custody. Plaintiffs, who were represented by the ACLU Foundation of Southern California and the National Lawyers Guild-Southern California Chapter, claimed that the INS procedures violated the Due Process Clause of the Fifth Amendment and sought an injunction to prohibit the INS from instituting voluntary departure proceedings against any unaccompanied minor until the minor was appointed an attorney and then produced before an immigration judge.

The District Court certified the consolidated case as a class action, with the class consisting of all unaccompanied minor aliens who were, or would in future be, taken into custody by INS agents. The Court issued a preliminary injunction prohibiting the INS from removing unaccompanied minor aliens pursuant to voluntary departure process without first assuring that they were advised of and understood alternatives to voluntary departure. The Court refused to require the mandatory appointment of counsel, as requested by plaintiffs. Perez-Funez v. District Director, I.N.S., 611 F.Supp. 990 (C.D.Cal. 1984). Attached to the Court's preliminary injunction were examples of proper notice of rights forms to be provided to minor detainees.

Following a hearing on the merits, the District Court determined that the INS procedures violated the due process rights of the plaintiff class. The Court made its preliminary injunction permanent with some modifications, which included requiring the INS to provide telephone access and a list of free legal services to class members and ensure that each had communicated, with a parent, close adult relative, friend, or with an attorney. Perez-Funez v. District Director, I.N.S., 619 F.Supp. 656 (C.D.Cal. 1985).

We have no further information on this case.

Dan Dalton - 12/03/2007


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Issues and Causes of Action
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Issues
Immigration
Constitutional rights
Deportation - procedure
Family
Undocumented immigrants - rights and duties
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. ยงยง 1101 et seq.
Bivens
Defendant(s) Immigration and Natualization Service
Plaintiff Description All persons who appear, are known, or claim to be under 18, who are now or in the future are held by the INS for possible deportation from the U.S., and who are not accompanied by at least one of their natural or lawful parents.
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU National (all projects)
ACLU of Southern California
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
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 01/24/1984 (611 F.Supp. 990) (C.D. Cal.)
IM-CA-0036-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum Opinion 09/30/1985 (619 F.Supp. 656) (C.D. Cal.)
IM-CA-0036-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Rafeedie, Edward (C.D. Cal.)
IM-CA-0036-0001 | IM-CA-0036-0002
Monitors/Masters None on record
Plaintiff's Lawyers Carrasco, Gilbert (California)
IM-CA-0036-0001 | IM-CA-0036-0002
DeHoyos, Ben (Louisiana)
IM-CA-0036-0001 | IM-CA-0036-0002
Lopez, Gilbert (California)
IM-CA-0036-0001 | IM-CA-0036-0002
Rodriguez, Antonio (California)
IM-CA-0036-0001 | IM-CA-0036-0002
Rosenbaum, Mark Dale (California)
IM-CA-0036-0001 | IM-CA-0036-0002
Wheeler, Charles (Colorado)
IM-CA-0036-0001 | IM-CA-0036-0002
Defendant's Lawyers Reynolds, Carolyn M. (California)
IM-CA-0036-0001 | IM-CA-0036-0002
Other Lawyers None on record

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