Case: Wang v. Reno

COMPLAINT filed and no summons(es) issued for Janet Reno, Doris Meisner, David L. Mihollan, H. Jere Armstrong, Paul Virtue, J. Scott Blackman, John B.Z. Kaplinger, Michael Treminsky, William S. Slattery, William J. Carroll, Carol Chasse, Jack Penca, Clifton Rogers, William Odencrantz FILING FEE $ 120.00 RECEIPT # 157669 (Greene, Donna) Modified on 12/07/1993 (Entered: 12/07/1993)

Magistrate Ross has been selected by random selection to handle any matters that may be referred in this case. (Greene, Donna) (Entered: 12/07/1993)

ORDER, dated 12/16/93, signed by Judge Charles P. Sifton. "The return date of the writ is adjourned to a date to be fixed at a status confernce to be held at the time and place originally fixed for the return and petitioner is directed to show cause at that conference why the writ should not be vacated as imprudently granted. So ordered on letter from AUSA Scott Dunn to Judge Sifton dated 12/15/93. (Conte, Daniela) Modified on 01/24/1994 (Entered: 12/20/1993)

Letter dated 12/20/93 from Bruno Bembi to Judge Sifton, written to explain the reasons why he believes it is appropriate for the Court to continue with the writ of habeas corpus for the above case. w/attachments. (Dobkin, David) (Entered: 12/27/1993)

Calendar entry: before Judge Sifton on 12/21/93 at 10:00. All parties present. Status conference held. Response to motion due by the government on 2/22/94; any reply is to be filed by 3/4/94; motion to be argued on 3/9/94 at 4:30PM . The motion for class certification will follow the same schedule. (Conte, Daniela) (Entered: 12/23/1993)

Letter dated 12/15/93 from AUSA Scott Dunn to Judge Sifton, in response to the Writ of Habeas Corpus, stating that the writ should be vacated and petitioner's request for a writ releasing him from confinement be dismissed. (Dobkin, David) (Entered: 12/27/1993)

Writ of (Vaughn, Terry) (Entered: 05/31/1994)

Class Action Writ of Habeas Corpus. (Unsigned by the Court. Rec'd. by the Court 1/24/94.) (Vaughn, Terry) (Entered: 05/31/1994)

MOTION by counsel for plaintiffs, dated 1/21/94, to supplement pleadings; for class-wide writ of habeas corpus; to add parties . Motion hearing date not set . Exhibits in support attached. (Conte, Daniela) Modified on 01/24/1994 (Entered: 01/24/1994)

MEMORANDUM by counsel for plaintiffs, dated 1/21/94, in support of their [6-1] motion to supplement pleadings; for class-wide writ of habeas corpus; to add parties. (Conte, Daniela) (Entered: 01/24/1994)

MEMORANDUM by counsel for plaintiffs, dated 1/21/94, "on likelihood of success on the merits in support of habeas corpus petitioners subclass". (Conte, Daniela) (Entered: 01/24/1994)

RETURN OF SERVICE executed as to Janet Reno on 12/8/93. Answer due on 4/8/94. (Conte, Daniela) (Entered: 01/25/1994)

RETURN OF SERVICE executed as to Doris Meisner, David L. Mihollan, H. Jere Armstrong, Paul Virtue, J. Scott Blackman, John B.Z. Kaplinger, Michael Treminsky, William S. Slattery on 12/14/93. Answer due on 1/3/94. (Attached to document number 9.) (Conte, Daniela) (Entered: 01/25/1994)

RETURN OF SERVICE executed as to William J. Carroll, Carol Chasse, Jack Penca, Clifton Rogers, William Odencrantz on 12/13/93. Answer due on 1/2/94. (Attached to document number 9.) (Conte, Daniela) (Entered: 01/25/1994)

MOTION by counsel for plaintiffs' for an order granting preliminary injunction . Motion hearing set for 4:30 on 2/21/94 [10-1] motion . Proposed order and Memoeandum in Support attached. (Conte, Daniela) (Entered: 02/07/1994)

DOCUMENTS in support of plaintiffs' [10-1] motion for an order granting preliminary injunction. (Conte, Daniela) (Entered: 02/07/1994)

CERTIFICATE OF SERVICE of the writ of habeas corpus on the US Attorney and District Director William Slattery on 12/15/93. (Conte, Daniela) (Entered: 02/08/1994)

Letter dated Feb. 15, 1994, from Scott Dunn, Asst. U.S. Atty., to Judge Sifton, requesting that defts. be provided until 3/8/94 to respond to the complaint and the numerous motions filed by pltfs. (Vaughn, Terry) (Entered: 05/31/1994)

**Added for Janet Reno, Doris Meisner, David L. Mihollan, H. Jere Armstrong, Paul Virtue, J. Scott Blackman, John B.Z. Kaplinger, Michael Treminsky, William S. Slattery, William J. Carroll, Carol Chasse, Jack Penca, Clifton Rogers, William Odencrantz attorney Scott Dunn (Vaughn, Terry) (Entered: 05/31/1994)

Letter undated from Bruno Bembi to Judge Sifton, to inform the Court that pltf. have no objection to the U.S. Atty.'s request for ext. of time to respond to the complaint and motions. (Vaughn, Terry) (Entered: 05/31/1994)

ORDER TO SHOW CAUSE: Show Cause Hearing set for 9:30 on 2/22/94 (signed by Judge Charles P. Sifton). The parties are to show cause why the relief requested in dft's 2/15/94 letter should not be granted. c/m (Conte, Daniela) (Entered: 02/18/1994)

Letter from AUSA Scott Dunn to Judge Sifton dated 2/18/94, Re: in further support of the request for an extension of time to file a response to the motion for preliminary injunction. (Conte, Daniela) (Entered: 02/22/1994)

Calendar entry: before Judge Sifton on 2/22/94 at 9:30. Counsel for all parties present. Dft's application to reset the motion hearing for 3/23/94 for the [10-1] motion for an order granting preliminary injunction is granted. The gov't is to notify pltff's counsel at least 2 weeks in advance of the deposition of any named pltff. (Conte, Daniela) (Entered: 02/24/1994)

MEMORANDUM of law by Janet Reno, Doris Meisner, David L. Mihollan, H. Jere Armstrong, Paul Virtue, J. Scott Blackman, John Kaplinger, Michael Treminsky, William S. Slattery, William J. Carroll, Carol Chasse, Jack Penca, Clifton Rogers, William Odencrantz in support of deft's motion to dismiss and in opposition to plaintiffs' motions for a preliminary injunction and class certification and to supplement the pleadings and add parties. (Dobkin, David) (Entered: 03/09/1994)

ORDER, dated 3/11/94 Response to motion set to 3/28/94 to motion to dismiss ( signed by Judge Charles P. Sifton ) (endorsed on letter dated 3/10/94 from Bruno Bembi to Judge Sifton). (Dobkin, David) (Entered: 03/16/1994)

MEMORANDUM by counsel for plaintiffs, dated 3/28/94, in opposition to defendants' motion to dismiss and in response to defendants' brief. Supporting documents attached. (Conte, Daniela) (Entered: 03/28/1994)

Letter from Bruno Bembi to Judge Sifton dated 4/4/94, Re: requesting to include additional Chinese aliens as part of the proposed class. (Conte, Daniela) (Entered: 04/12/1994)

REPLY MEMORANDUM OF LAW by AUSA Scott Dunn, dated 4/13/94, in further support of defendants' motion to dismiss and in opposition to plaintiffs' motions for a preliminary injunction and class certification and to supplement the pleadings and add parties. (Conte, Daniela) (Entered: 04/14/1994)

Letter dated April 25, 1994, from Mr. Bembi to Judge Sifton, with attachment, Exhibit 1, which is a list of 21 additional pltfs. who reside in the E.D. of New York and who have immigration court cases pending. (Vaughn, Terry) (Entered: 05/31/1994)

Calendar entry: Before Judge Sifton on 5/9/94 at 9:30. Counsel for all sides present. Reporter Gene Rudolph. Plaintiffs' motion for a temporary restraining order is denied. Plaintiff's motion for a preliminary injunction is scheduled for 5/13/94 at 2:00. The Govt is to serve and file its response by 5/11/94. Any reply is to be served and filed by 5/12/94. (fe) Modified on 05/16/1994 (Entered: 05/16/1994)

RESPONSE by counsel for defendants in opposition to plaintiff's motion for an order granting preliminary injunction and the release of plaintiff Yu Lin. Response submitted in the form of a letter from AUSA Scott Dunn to Judge Sifton dated 5/8/94. Enclosures. (Conte, Daniela) (Entered: 05/10/1994)

MEMORANDUM in opposition to Pltfs.' motion for a temporary restraining order and to compel release of Pltf. Yu Lin. (Vaughn, Terry) (Entered: 05/31/1994)

Brief in support of release of Lin, Yu. (Vaughn, Terry) (Entered: 05/31/1994)

MEMORANDUM in support of motion for temporary restraining order filed by Bruno Bembi. (Vaughn, Terry) (Entered: 05/31/1994)

Motion to add parties to the pleadings filed by Mr. Bembi. (Vaughn, Terry) (Entered: 05/31/1994)

Motion of Pltfs. to supplement pleadings. (Vaughn, Terry) (Entered: 05/31/1994)

Motion of Pltfs. for temporary restraining order to stay their exclusion or deportation from the U.S. pending the determination on the preliminary injunction (filed 2/21/94). (Vaughn, Terry) (Entered: 05/31/1994)

Calendar entry: Before Judge Sifton on 5/13/94, Civil Motion. Case called. Plaintiffs motion for a preliminary injuction for class certification, and for leave to supplement the pleadings and defendants motion for dismissal are argued. Decision reserved. (Roker, Michelle) (Entered: 05/17/1994)

Letter dtaed 5/13/94 from Mr. Bembi to the Court, with a list of PRC's who have a final order of exlusion and who are being detained by INS. (Vaughn, Terry) (Entered: 05/31/1994)

Copy of a letter dated 2/18/94 from AUSA, Scott Dunn, to Judge Sifton, in response to Pltfs.' letter rec'd. 2/16/94, regarding Pltfs.' opposition to Defts.' request for a 2 wk. extension of time to respond to Pltfs.' motion for a preliminary injunction. (Vaughn, Terry) (Entered: 05/31/1994)

Letter dated 5/5/94 from Mr. Bembi to Judge Sifton, regarding certain pltfs. & whether or not they were granted asylum. (Vaughn, Terry) (Entered: 05/31/1994)

Copy of a letter dated 5/8/94 from AUSA Scott Dunn to Judge Sifton, in response to Pltfs.' motions for a TRO and to compel INS to release pltf. Yu Lin. (Vaughn, Terry) (Entered: 05/31/1994)

Motion for a Temporary Restraining Order, etc., filed by Mr. Bembi. (Vaughn, Terry) (Entered: 05/31/1994)

MEMORANDUM in opposition to Pltfs.' mot. for a TRO and to compel release of Pltf. Yu Lin. (Vaughn, Terry) (Entered: 05/31/1994)

Unsigned Class Action Order . (Vaughn, Terry) (Entered: 06/01/1994)

Unsigned Class Action Order To Supplement Pleadings . (Vaughn, Terry) (Entered: 06/01/1994)

Writ of Habeas Corpus directed to the District Director, William S. Slattery, I&N Service, dated Dec. 14, 1993, directing that Yau Gwong Liu be brought together with a return stating the time & cause of his detention before a judge of this court on Dec. 21, 1993, at 10 a.m., to receive all further directions. ( signed by Judge Charles P. Sifton ) (Vaughn, Terry) (Entered: 06/01/1994)

PETITION for writ of habeas corpus filed by Shan Bin Zhou, dated 7/6/94. (Conte, Daniela) Modified on 11/09/1994 (Entered: 11/09/1994)

Letter from Bruno Joseph Bembi to Judge Sifton of 6/2/94, Re: advising that Lin Yu was release from INS pursuant to withdrawal of its appeal. Possible claims to damages for unlawful imprisonment are being researched. (Conte, Daniela) (Entered: 07/07/1994)

Calendar entry: before Judge Sifton on 7/13/94 at 9:30. Counsel for all parties present. Status conference held. Plaintiff's counsel is directed, if he seeks habeas corpus relief for any person not presently a party to this action, to either move for leave to add a party, or file a seperate action. (Conte, Daniela) (Entered: 07/14/1994)

PROPOSED ORDER to add parties NOT signed by the Judge. (Conte, Daniela) (Entered: 07/15/1994)

MEMO/ORDER, dated 9/6/94. Defendants' motion to dismiss is granted except as to plaintiffs Chen, Xiu Qin a.k.a Chen, Xie Xing and Zhou, Shan Bin. Plaintiffs motions for a temporary restraining order, a preliminary injunction, class certification and leave to amend the pleadings is denied (signed by Judge Charles P. Sifton). c/m (Conte, Daniela) (Entered: 09/08/1994)

Magistrate Gold has been selected by random selection to handle any matters that may be referred in this case. (Vaughn, Terry) (Entered: 10/13/1994)

NOTICE OF APPEAL by Liu Di Wang. Notice of Appeal and certified copy of docket sent appealing [47-1] order. FEE NOT PAID - attorney notified. Affidavit of service attached. (McGee, Maryann) (Entered: 11/04/1994)

Notice of Appeal and certified copy of docket to USCA: [48-1] appeal (McGee, Maryann) (Entered: 11/04/1994)

EXHIBITS to the petition for a writ of habeas corpus by Shan Bin Zhou. (Conte, Daniela) (Entered: 11/09/1994)

Filing Fee Paid; FILING FEE $ 105.00 RECEIPT # 167424 (McGee, Maryann) (Entered: 11/14/1994)

USCA Scheduling Order: [48-1] appeal Appeal record due by 12/27/94 . USCA Number: 94-2636 Appellant's brief due 1/2/95. Appellee's brief due 2/1/95. Argument set for 2/27/95. (McGee, Maryann) (Entered: 12/09/1994)

MANDATE OF USCA (certified copy) Re: [48-1] appeal. It is stipulated and agreed that this appeal is withdrawn without costs and without attorneys' fees. All parties retain the right to raise on any subsequent appeal following entry of final judgment all issues sought to be raised on this appeal. Certified. 2/17/95. Acknowledgment returned to USCA. Judge notified. USCA#94-2636. (McGee, Maryann) (Entered: 02/23/1995)

Case closed as per memo and order dated 9/6/94 document # 47 and as per chmabers. (Dobkin, David) (Entered: 03/25/1997)