University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Yolano-Donnelly, et al v. Cisneros IM-CA-0048
Docket / Court 2:86-cv-00846-MLS-PAN ( E.D. Cal. )
State/Territory California
Case Type(s) Immigration
Attorney Organization National Center for Youth Law
Case Summary
On July 15, 1986, plaintiffs filed their complaint in the U.S. District Court for the Eastern District of California, challenging the constitutionality of section 214 of the Housing and Community Development Act of 1980, 42 U.S.C. § 1436a, and certain HUD regulations implementing section 214, both ... read more >
On July 15, 1986, plaintiffs filed their complaint in the U.S. District Court for the Eastern District of California, challenging the constitutionality of section 214 of the Housing and Community Development Act of 1980, 42 U.S.C. § 1436a, and certain HUD regulations implementing section 214, both of which restricted federal housing assistance for the exclusive benefit of U.S. citizens and certain eligible aliens.

On December 18, 1986, the District Court granted plaintiffs' motion for a preliminary injunction and certified this case as a class action, defining the class as: "All United States citizens and 'eligible aliens' as defined in 42 U.S.C. § 1436a nationwide who would be eligible, either presently or prospectively, for subsidized housing under the United States Housing Act of 1937, section 235 or 236 of the National Housing Act, or section 101 of the Housing and Urban Development Act of 1965, but for the presence in the family of an adult who is an ineligible alien."

Subsequently, Congress amended section 214, and HUD issued new implementing regulations. Plaintiffs in turn filed an amended complaint on August 21, 1995. The government moved to dismiss, or, in the alternative, for summary judgment.

On March 8, 1996, the District Court (Judge Milton L. Schwartz) granted defendant's motion to dismiss second claim for relief (alleged that section 214 constitutes an improper delegation of legislative Power) and plaintiffs' seventh claim for relief (challenged defendant's findings under the Regulatory Flexibility Act, 5 U.S.C. § 605(b), and Executive Order 12291). The motion was denied with respect to the remainder of plaintiffs' claims. Yolano-Donnelly, et al v. Cisneros, 1996 U.S. Dist. LEXIS 22778 (Mar. 8, 1996).

In October, 1996, the parties reached a settlement of the case and filed a joint motion for court approval. Judge Schwartz entered an order and judgment approving the class action settlement on February 20, 1997. The case was dismissed, with the Court retaining jurisdiction to enforce the Settlement Agreement for a period of 3 years. Plaintiffs' claim for attorneys' fees was subsequent resolved.

Dan Dalton - 10/22/2007


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
General
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Immigration
Constitutional rights
Plaintiff Type
Private Plaintiff
Causes of Action Bivens
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) Housing and Urban Development
Plaintiff Description All United States citizens and "eligible aliens" as defined in 42 U.S.C. § 1436a nationwide who would be eligible for subsidized housing but for the presence in the family of an adult who is an ineligible alien.
Indexed Lawyer Organizations National Center for Youth Law
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1997 - 2000
Case Closing Year 2000
Case Ongoing No
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)
2:86-cv-00846-MLS-PAN (E.D. Cal.) 07/20/1998
IM-CA-0048-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum of Decision and Order 03/08/1996 (1996 U.S.Dist.LEXIS 22778) (E.D. Cal.)
IM-CA-0048-0001.pdf | LEXIS | Detail
Document Source: LexisNexis
Judges Schwartz, Milton Lewis (E.D. Cal.)
IM-CA-0048-0001 | IM-CA-0048-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bussiere, Alice (California)
IM-CA-0048-0001 | IM-CA-0048-9000
Field, Rod (California)
IM-CA-0048-0001 | IM-CA-0048-9000
Fujioka, Gen (California)
IM-CA-0048-0001 | IM-CA-0048-9000
Grossman, Carole F. (California)
IM-CA-0048-0001 | IM-CA-0048-9000
Kohn, Richard S. (California)
IM-CA-0048-0001 | IM-CA-0048-9000
Lee, Paul E (California)
IM-CA-0048-9000
Pallack, David Scott (California)
IM-CA-0048-0001 | IM-CA-0048-9000
Pearl, Richard M (California)
IM-CA-0048-0001 | IM-CA-0048-9000
Defendant's Lawyers Grad, Mary L. (California)
IM-CA-0048-9000
Simpson, W. Scott (District of Columbia)
IM-CA-0048-0001 | IM-CA-0048-9000
Sitcov, Michael (District of Columbia)
IM-CA-0048-0001 | IM-CA-0048-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -