Case: Noel v. Green

1:73-cv-03682 | U.S. District Court for the Southern District of New York

Filed Date: Aug. 24, 1973

Closed Date: 1975

Clearinghouse coding complete

Case Summary

In 1974, two unadmitted Western Hemisphere aliens married to resident aliens filed suit in the United States District Court for the Southern District of New York in an attempt to stop their deportation. Plaintiffs contended that as spouses of resident aliens, they were treated differently than they would have been if they had married U.S. citizens. They alleged that the Immigration and Naturalization Service (INS) had an policy whereby unadmitted Western Hemisphere aliens married to American …

In 1974, two unadmitted Western Hemisphere aliens married to resident aliens filed suit in the United States District Court for the Southern District of New York in an attempt to stop their deportation. Plaintiffs contended that as spouses of resident aliens, they were treated differently than they would have been if they had married U.S. citizens. They alleged that the Immigration and Naturalization Service (INS) had an policy whereby unadmitted Western Hemisphere aliens married to American citizens could extend time for their voluntary departure until they could obtain visas, but that the INS did not maintain a similar policy for aliens who were married to resident aliens rather than citizens. Plaintiffs maintained that the policy violated equal protection and the Administrative Procedure Act. They requested a preliminary injunction and TRO.

The District Court (Judge Lee P. Gagliardi) refused to issue an injunction or TRO. Noel v. Green, 376 F.Supp. 1095 (S.D.N.Y. 1974). Plaintiffs appealed. The Court of Appeals (Circuit Judge Mulligan) affirmed, holding that plaintiffs, as unadmitted and non-resident aliens, had no constitutional right to enter and remain in the country and that their resident aliens spouses had no equal protection right to keep them here. Noel v. Chapman, 508 F.2d 1023 (2nd Cir. 1975) Certiorari was denied. Noel v. Chapman, 423 U.S. 824, 96 S.Ct. 37, 46 L.Ed.2d 40 (1975).

Summary Authors

Dan Dalton (12/4/2007)

People


Judge(s)

Anderson, Robert Palmer (Connecticut)

Gagliardi, Lee Parsons (New York)

Attorney for Plaintiff

Fragomen, Austin T Jr. (New York)

Friedman, Leon (New York)

Attorney for Defendant

Curran, Paul J. (New York)

Judge(s)

Anderson, Robert Palmer (Connecticut)

Gagliardi, Lee Parsons (New York)

Kaufman, Irving Robert (New York)

Mulligan, William Hughes (New York)

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Documents in the Clearinghouse

Document

1:73-cv-03682

Opinion

Feb. 6, 1974

Feb. 6, 1974

Order/Opinion

376 F.Supp. 376

74-01447

[Appellate Opinion]

Noel v. Chapman

U.S. Court of Appeals for the Second Circuit

Jan. 3, 1975

Jan. 3, 1975

Order/Opinion

508 F.2d 508

74-01257

[Denial of Writ of Certiorari]

Noel v. Chapman

Supreme Court of the United States

Oct. 6, 1975

Oct. 6, 1975

Order/Opinion

423 U.S. 423

Docket

Last updated March 20, 2024, 3:16 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Aug. 24, 1973

Closing Date: 1975

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Unadmitted Western Hemisphere aliens married to resident aliens who were not allowed an extension of their voluntary departure until they could obtain visas

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Immigration and Naturalization Service (INS), Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Available Documents:

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

Immigration/Border:

Constitutional rights

Family Separation

Temporary protected status