University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Mayock v. Immigration & Naturalization Service IM-CA-0041
Docket / Court C-85-5169-CAL ( N.D. Cal. )
State/Territory California
Case Type(s) Immigration
Case Summary
In 1985, James R. Mayock, an immigration attorney, filed suit in the United States District Court for the Northern District of California to compel the Immigration and Naturalization Service ("INS") to comply with certain Freedom of Information Act, 5 U.S.C. § 552, (FOIA) requests which he made on ... read more >
In 1985, James R. Mayock, an immigration attorney, filed suit in the United States District Court for the Northern District of California to compel the Immigration and Naturalization Service ("INS") to comply with certain Freedom of Information Act, 5 U.S.C. § 552, (FOIA) requests which he made on behalf of clients. After the specific FOIA requests of Mayock's clients were resolved by the parties and the Court, Mayock pursued the case in his own name, asserting that the INS had engaged in a pattern and practice of failing to comply with FOIA requests within the statutory 10-day period, thereby depriving aliens of information necessary to enable them to contest deportation proceedings. Mayock moved for summary judgment and injunctive relief. The INS responded with a cross-motion for summary judgment.

The District Court (Judge Charles A. Legge) granted summary judgment in favor of Mayock and issued an order of injunctive relief. Mayock v. I.N.S., 714 F.Supp. 1558 (N.D.Cal. 1989). The INS appealed. In a separate order, Judge Legge denied Mayock attorney's fees for the time his client represented himself pro se, but awarded the firm that subsequently represented him fees in the amount of $158,372 and cost of $9,598.03. Mayock v. I.N.S., 736 F.Supp. 1561 (N.D.Cal. 1990).

The Ninth Circuit Court of Appeals (Circuit Judge Beezer) reversed and remanded the District Court judgment and injunction, finding that fact issues existed which precluded summary judgment, including whether an increasing workload at INS offices created "exceptional circumstances" for its failure to timely respond to FOIA requests and whether INS demonstrated "due diligence" in responding to the requests. Mayock v. Nelson, 938 F.2d 1006 (9th Cir. 1991).

As there is no PACER docket available and no subsequent published opinions, we do not know how the case proceeded after remand.

Dan Dalton - 12/03/2007


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
General
Records Disclosure
Immigration
Immigration lawyers
Plaintiff Type
Private Plaintiff
Causes of Action Freedom of Information Act (FOIA), 5 U.S.C. § 552
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) Immigration & Naturalization Service
Plaintiff Description Immigration attorney who sought FOIA requests from the INS
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Unknown
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Unknown
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Unknown
Additional Resources
click to show/hide detail
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 and Order 06/19/1989 (714 F.Supp. 1558) (N.D. Cal.)
IM-CA-0041-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion and Order 05/16/1990 (736 F.Supp. 1561) (N.D. Cal.)
IM-CA-0041-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 07/10/1991 (938 F.2d 1006)
IM-CA-0041-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Beezer, Robert R. (Ninth Circuit)
IM-CA-0041-0003
Brunetti, Melvin T. (Ninth Circuit)
IM-CA-0041-0003
Hug, Procter Ralph Jr. (Ninth Circuit)
IM-CA-0041-0003
Legge, Charles A. (N.D. Cal.)
IM-CA-0041-0001
Monitors/Masters None on record
Plaintiff's Lawyers Casente, Salvador A (California)
IM-CA-0041-0002
Koenig, Peter (California)
IM-CA-0041-0001 | IM-CA-0041-0002
Mayock, James R (California)
IM-CA-0041-0003
Sinrod, Eric J (California)
IM-CA-0041-0001 | IM-CA-0041-0002 | IM-CA-0041-0003
Defendant's Lawyers Bondy, Thomas M. (District of Columbia)
IM-CA-0041-0003
Russoneillo, Joseph P. (California)
IM-CA-0041-0001 | IM-CA-0041-0002
Wolfe, Andrew M. (California)
IM-CA-0041-0001 | IM-CA-0041-0002
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -