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Case Name Rafeedie v. Immigration and Naturalization Service IM-DC-0013
Docket / Court 1:88-cv-00366-JHG ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Immigration
Case Summary
In 1988, plaintiff Rafeedie, a Jordanian national and permanent resident alien who had resided in the U.S. since 1975, filed suit in the U.S District Court for the District of Columbia to challenge the decision of the Immigration and Naturalization Service ("INS") to conduct summary exclusion ... read more >
In 1988, plaintiff Rafeedie, a Jordanian national and permanent resident alien who had resided in the U.S. since 1975, filed suit in the U.S District Court for the District of Columbia to challenge the decision of the Immigration and Naturalization Service ("INS") to conduct summary exclusion proceedings against him under Section 235(c) of the Immigration and Nationality Act (the "Act"), 8 U.S.C. § 1225(c). The INS invoked the summary procedure on alleged confidential information that it received which indicated that plaintiff was a high-ranking member of the Popular Front for the Liberation of Palestine. ("PFLP"). Under the summary proceedings, plaintiff was not given a hearing, had no opportunity to present witnesses. He was only allowed to present a written statement without knowing what evidence the government allegedly had against him. Plaintiff claimed that these summary proceedings violated the Due Process Clause of the Fifth Amendment and his rights under the First Amendment rights. He moved for a preliminary injunction barring the INS from conducting summary and ordinary exclusion proceedings.

The government moved to dismiss for a variety of reasons, including failure to exhaust administrative remedies.

On June 15, 1988, the District Court denied the government's motion to dismiss and granted plaintiffs motion for a preliminary injunction and denied plaintiff's motion for partial summary judgment as to some of his claims. Rafeedie v. I.N.S., 688 F.Supp. 729 (D.D.C. 1988). Reconsideration was denied but a stay was granted pending appeal. Rafeedie v. I.N.S., 1988 WL 90201 (D.D.C. Aug 04, 1988).

On appeal, United States Court of Appeals for the District of Columbia Circuit affirmed in part as to the injunction against summary exclusion proceedings under section 1225(c), but reversed the injunction against ordinary proceedings under 8 U.S.C. § 1226, and reversed the holding that Rafeedie may not have a right to due process. The case was remanded for further proceedings. Rafeedie v. I.N.S., 880 F.2d 506, 279 (D.C.Cir. 1989)

On remand, the District Court (Judge Joyce Hens Green) granted summary judgment to plaintiff in part and to the government in part. The Court held that the INS' attempt to use summary exclusion proceedings against the plaintiff violated due process. The Court noted that until this case, the INS had not utilized summary exclusion procedures against permanent residents for 40 years and that such proceedings were not warranted given the facts developed in the record. The Court also found that several sections of the challenged statute were constitutionally invalid. Rafeedie v. I.N.S., 795 F.Supp. 13 (D.D.C. 1992). Both parties appealed but subsequently withdrew their appeals and entered into a Settlement Agreement. Under the terms of the settlement, the government agreed to admit Rafeedie as a permanent resident alien and dropped its exclusion proceedings against him.

Following the settlement, plaintiff moved for an award of attorneys' fees and costs, which the District Court granted in the amount of $258,385.00. Rafeedie v. I.N.S, 1996 U.S. Dist. LEXIS 22505 (Aug. 22, 1996). The government appealed the fee award but subsequently dismissed its appeal.

Dan Dalton - 12/21/2007


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Issues and Causes of Action
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Issues
Immigration
Constitutional rights
Deportation - criteria
Deportation - judicial review
Deportation - procedure
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Defendant(s) Immigration and Naturalization Service
Plaintiff Description Permanent resident alien challenging the government's initiation of summary exclusion against him.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration not on record
Case Closing Year 1997
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)
1:88-cv-00366-JHG (D.D.C.) 06/09/1997
IM-DC-0013-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum Opinion [re: Preliminary Injunction, Summary Judgment, and Motion to Dismiss] 06/15/1988 (688 F.Supp. 729) (D.D.C.)
IM-DC-0013-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order [re: Reconsideration] 08/04/1988 (1988 WL 90201) (D.D.C.)
IM-DC-0013-0004 PDF | WESTLAW | Detail
Memorandum Opinion 05/28/1992 (795 F.Supp. 13) (D.D.C.)
IM-DC-0013-0003 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum Opinion and Order [re: Attorneys' Fees and Costs] 08/22/1996 (1996 U.S.Dist.LEXIS 22505) (D.D.C.)
IM-DC-0013-0005 PDF | LEXIS | Detail
Document Source: LexisNexis
Judges Green, Joyce Hens (D.D.C., FISC)
IM-DC-0013-0001 | IM-DC-0013-0003 | IM-DC-0013-0004 | IM-DC-0013-0005 | IM-DC-0013-9000
Monitors/Masters None on record
Plaintiff's Lawyers Cole, David L. Jr. (Maryland)
IM-DC-0013-0001 | IM-DC-0013-0003 | IM-DC-0013-0005 | IM-DC-0013-9000
Dyk, Timothy B. (District of Columbia)
IM-DC-0013-0001
Fennerty, James Russell (Illinois)
IM-DC-0013-0001 | IM-DC-0013-0003
Kircher, Kerry W. (District of Columbia)
IM-DC-0013-0001 | IM-DC-0013-0003 | IM-DC-0013-0005 | IM-DC-0013-9000
Lapiana, John K. (District of Columbia)
IM-DC-0013-0001
Maggio, Michael (District of Columbia)
IM-DC-0013-0001 | IM-DC-0013-0005 | IM-DC-0013-9000
Taylor, William W. III (District of Columbia)
IM-DC-0013-0003
Van Der Hout, Marc (California)
IM-DC-0013-0001 | IM-DC-0013-0003
Defendant's Lawyers Hausman, Allen W. (District of Columbia)
IM-DC-0013-0001 | IM-DC-0013-0005 | IM-DC-0013-9000
Hunolt, James A. (District of Columbia)
IM-DC-0013-0003 | IM-DC-0013-0005 | IM-DC-0013-9000
Joyce, William P. (Massachusetts)
IM-DC-0013-0001 | IM-DC-0013-0003 | IM-DC-0013-0005 | IM-DC-0013-9000
Lindemann, Michael (District of Columbia)
IM-DC-0013-0003 | IM-DC-0013-0005 | IM-DC-0013-9000
Wendtland, Linda S. (District of Columbia)
IM-DC-0013-0001 | IM-DC-0013-9000
Other Lawyers Spitzer, Arthur (District of Columbia)
IM-DC-0013-0005 | IM-DC-0013-9000

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