University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Roshan v. Smith IM-DC-0011
Docket / Court 84-2176 ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Immigration
Attorney Organization ACLU National (all projects)
Case Summary
In 1984, plaintiffs, who included 23 aliens detained at various INS facilities pending deportation, 17 attorneys, and 12 immigration advocacy groups, filed suit in the U.S. District Court for the District of Columbia to prevent completion and operation of an Alien Detention Center (ADC) under ... read more >
In 1984, plaintiffs, who included 23 aliens detained at various INS facilities pending deportation, 17 attorneys, and 12 immigration advocacy groups, filed suit in the U.S. District Court for the District of Columbia to prevent completion and operation of an Alien Detention Center (ADC) under construction in Oakdale, Louisiana. The center was intended to house one thousand aliens detained by the INS and have an expansion capacity to provide emergency temporary housing for two to three thousand more aliens. The plaintiff detainees alleged that because of ADC's size and rural location they would be detained and denied their constitutional and statutory right to counsel and access to the legal process as guaranteed under the Immigration and Nationality Act, 8 U.S.C. § 1362, the Administrative Procedure Act, 5 U.S.C. § 555(b), and the Due Process Clause of the Fifth Amendment. They further alleged environmental irregularities at the construction site in violation of the National Environmental Policy Act, 42 U.S.C. § 4321. The plaintiff attorneys and advocacy groups alleged violations of their First Amendment rights to counsel current clients and to solicit and advise prospective clients.

The government moved to dismiss, or in alternative, for summary judgment.

The District Court (Judge Thomas F. Hogan) granted the government's motion and held that: (1) alien detainees' claims were not ripe for review; (2) alien detainees lacked standing to bring suit; (3) attorney-plaintiffs and advocacy organizations lacked standing to bring suit, and (4) attorney-plaintiffs and advocacy organizations failed to state cause of action under First Amendment. Roshan v. Smith, 615 F.Supp. 901 (D.D.C. 1985). The case was dismissed. We have no record of an appeal or further proceedings.

Dan Dalton - 10/22/2007


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Issues and Causes of Action
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Issues
General
Conditions of confinement
Immigration
Constitutional rights
Detention - conditions
Immigration lawyers
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) Immigration and Naturalization Service
Plaintiff Description 23 individuals detained at various INS facilities throughout the U.S. and who are potentially excludable or deportable aliens, as well as 17 attorneys, and 12 advocacy and service organizations that represent counsel detainees in immigration proceedings.
Indexed Lawyer Organizations ACLU National (all projects)
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 1985
Case Ongoing No
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 08/06/1985 (615 F.Supp. 901) (D.D.C.)
IM-DC-0011-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Hogan, Thomas Francis (FISC, D.D.C.)
IM-DC-0011-0001
Monitors/Masters None on record
Plaintiff's Lawyers Davis, Robert S. (New York)
IM-DC-0011-0001
Gutentag, Lucas (New York)
IM-DC-0011-0001
Helton, Arthur C. (New York)
IM-DC-0011-0001
McAvoy, John J. (District of Columbia)
IM-DC-0011-0001
Quigley, William Patrick (Louisiana)
IM-DC-0011-0001
Robb, Harriet (New York)
IM-DC-0011-0001
Spitzer, Arthur (District of Columbia)
IM-DC-0011-0001
Defendant's Lawyers Ross, Rebecca L. (District of Columbia)
IM-DC-0011-0001
Other Lawyers None on record

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