University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Serquina v. United States IM-CA-0046
Docket / Court CV-93-00129-SVW-J ( C.D. Cal. )
State/Territory California
Case Type(s) Immigration
Case Summary
On January 11, 1993, a group of Filipino applicants for naturalization under § 405 of the Immigration Act of 1990 (IMMACT), Pub. L. No. 101-649 filed a class action lawsuit in the U.S. District Court for the Central District of California to challenge the way in which veterans could prove their ... read more >
On January 11, 1993, a group of Filipino applicants for naturalization under § 405 of the Immigration Act of 1990 (IMMACT), Pub. L. No. 101-649 filed a class action lawsuit in the U.S. District Court for the Central District of California to challenge the way in which veterans could prove their qualifying military service in the Filipino army. § 405 of IMMACT provided for naturalization of those who served in one of the Philippine military organizations listed in § 405. The INS contended that proof of such qualifying service must have been made by way of a certificate from the United States Army. Plaintiffs contended that a number of Philippino veterans were improperly omitted from the lists kept by the Army in St. Louis and therefore, they were entitled to prove their military service by other means.

Plaintiffs moved for a preliminary injunction, which the District Court (Stephen V. Wilson) denied. Appellants appealed.

The Ninth Circuit Court of appeals reversed. The Court relied on Almero v. I.N.S., 18 F.3d 757 (9th Cir. 1994), which was consolidated with this case for the purpose of oral argument. In Almero, the Ninth Circuit held that under § 405 of IMMACT, veterans were not required to prove their military service solely by certificate from the United States Army, but could instead use documents from executive department under which they served, including Philippine government records. The case was remanded with instructions to the district court to grant a preliminary injunction and to take such other actions as consistent with Almero. Serquina v. U.S., 19 F.3d 29, 1994 WL 76306 (9th Cir. 1994).

On remand, the District Court (Judge Wilson) issued a preliminary injunction in September 1994, which it subsequently modified and made permanent. From September 1994 through June 1998, the government filed numerous status reports to update the Court as to its compliance with the injunction.

On July 1, 1998, the District Court granted the parties' joint motion for final approval of a stipulated settlement agreement & dismissal of the case. All previously issued injunctive orders were vacated and the case was closed.

Dan Dalton - 10/21/2007


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Issues and Causes of Action
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Issues
Immigration
Legalization/Amnesty
Status/Classification
U.S. citizenship - acquiring
Plaintiff Type
Private Plaintiff
Causes of Action None on record
Defendant(s) Immigration and Naturalization Service
Plaintiff Description Applicants for naturalization under § 405 of the Immigration Act of 1990, Public Law 101-649 (“IMMACT”).
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1994 - 1998
Case Closing Year 1998
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)
2:93-cv-00129-SVW-JR (C.D. Cal.) 07/01/1998
IM-CA-0046-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum [Appellate Opinion] 03/09/1994 (19 F.3d 29)
IM-CA-0046-0001 PDF | WESTLAW| LEXIS | Detail
Judges Fletcher, William A. (Ninth Circuit)
IM-CA-0046-0001
Pregerson, Dean D. (C.D. Cal.)
IM-CA-0046-0001
Rymer, Pamela Ann (C.D. Cal., Ninth Circuit)
IM-CA-0046-0001
Wilson, Stephen Victor (C.D. Cal.)
IM-CA-0046-9000
Monitors/Masters None on record
Plaintiff's Lawyers Germain, Andrew G. (California)
IM-CA-0046-9000
Reeves, Robert L (California)
IM-CA-0046-9000
Defendant's Lawyers Weidman, Leon W. (California)
IM-CA-0046-9000
Other Lawyers None on record

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