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Case Name Phan v. Friedes IM-IL-0010
Docket / Court 77-C-4363 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Immigration
Case Summary
In 1977, a group of parolee-refugees from Vietnam and Chile who legally entered the United States for an indefinite period and were residents of Illinois filed suit under 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Illinois to challenge their denial of state ... read more >
In 1977, a group of parolee-refugees from Vietnam and Chile who legally entered the United States for an indefinite period and were residents of Illinois filed suit under 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Illinois to challenge their denial of state scholarship assistance solely on the basis that they are neither citizens nor permanent residents of the United States. They sought declaratory and equitable relief.

On April 16, 1979, the District Court (Judge Kirkland) granted plaintiffs' motion for summary judgment and certified a class consisting of "all Illinois residents who are refugees paroled into the United States for an indefinite period pursuant to 8 U.S.C. § 1182(d)(5) and who have been or may be denied Illinois state scholarship assistance solely on the basis that they are neither citizens not (sic) permanent residents of the United States ...." Defendants appealed, but the appeal was later dismissed.

Subsequently, Congress enacted the Refugee Act of 1980, which substantially reduced the number of refugees paroled into the United States. Plaintiffs moved to amend the final judgment and redefine the class so as to conform to certain sections of the Act. On February 17, 1981, the District Court (Judge Grady) granted plaintiffs' motion over defendants' objection. It redefined the class to consist of "all Illinois residents who are legally admitted into or granted asylum by the United States as refugees under Sections 207 and 208 of the Refugee Act of 1980, 8 U.S.C. §§ 1157, 1158, amended, as well as those who are legally paroled into the United States for an indefinite period of time pursuant to Section 212 of the Refugee Act of 1980, 8 U.S.C. § 1182(d)(5), which refugees have been or may be denied consideration for Illinois State Scholarships solely on the basis that they are neither citizens nor permanent residents of the United States." Phan v. Friedes, 91 F.R.D. 408 (N.D. Ill. 1981).

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
General
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Immigration
Asylum - criteria
Constitutional rights
Refugees
Status/Classification
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) Illinois State Scholarship Commission
Plaintiff Description All parolee-refugees who have been refused state scholarship assistance by defendants, members of the Illinois State Scholarship. Commission.
Indexed Lawyer Organizations None on record
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 1979 - 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 02/17/1981 (91 F.R.D. 408) (C.D. Ill.)
IM-IL-0010-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Grady, John Francis (N.D. Ill.)
IM-IL-0010-0001
Monitors/Masters None on record
Plaintiff's Lawyers Montgomery, Kenneth (Illinois)
IM-IL-0010-0001
Raskin, Debra (Illinois)
IM-IL-0010-0001
Resnick, Kalman D (Illinois)
IM-IL-0010-0001
Yanez, Linda R. (Illinois)
IM-IL-0010-0001
Defendant's Lawyers Collins, John Michael Jr. (Illinois)
IM-IL-0010-0001
Scott, William J. (Illinois)
IM-IL-0010-0001
Other Lawyers None on record

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