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Case Name Perales v. Casillas IM-TX-0018
Docket / Court 5:86-CV-00910 ( W.D. Tex. )
State/Territory Texas
Case Type(s) Immigration
Attorney Organization MALDEF
Case Summary
On June 9, 1986, immigrant visa applicants brought a class action lawsuit in the United States District Court for the Western District of Texas, requesting declaratory, injunctive, and mandamus relief requiring the Immigration and Naturalization Service (INS) to change its method of considering ... read more >
On June 9, 1986, immigrant visa applicants brought a class action lawsuit in the United States District Court for the Western District of Texas, requesting declaratory, injunctive, and mandamus relief requiring the Immigration and Naturalization Service (INS) to change its method of considering petitions for voluntary departure and employment authorization for undocumented aliens who had initial immigration petitions filed on their behalf by their U.S. citizen spouses. Plaintiffs alleged that the INS' failure to act on their applications for voluntary departure and employment authorization violated the Administrative Procedure Act (APA), 5 U.S.C. § 551 et seq. and the Fifth Amendment.

On January 6, 1988, the District Court (Judge Edward C. Prado) certified the case as a class action, with the class consisting of: "All immigrant visa applicants who reside within the San Antonio, Texas INS District and are immediate relatives of United States citizens or within sixty days of visa availability and who have applied or will apply for employment authorization and (1) whose applications for employment authorization have been or will be denied, or (2) whose applications for employment authorization have not been timely adjudicated."

After a two day trial in July 1988, the District Court (Judge Prado) issued a lengthy ruling and permanent injunction in an order dated November 14, 1988. The injunction contained four parts: "(1) All requests for voluntary departure shall be adjudicated within 60 days, as required by 8 C.F.R. § 274a.13(d), and applications for voluntary departure and employment authorization shall be considered jointly; (2) all denials of voluntary departure shall be made in writing, in compliance with 8 C.F.R. § 274a.13(c);(3) defendants shall be prohibited from denying requests for employment authorization and voluntary departure on certain enumerated grounds; and (4) the INS shall be prohibited from initiating deportation proceedings against class members in retaliation for their requests for relief."

The INS appealed parts 3 and 4 of the injunction. On appeal, the Fifth Circuit Court of Appeals vacated the challenged portions of the injunction. Perales v. Casillas, 903 F.2d 1043, 1053 (5th Cir.1990). Rehearing was denied by Perales v. Casillas, 912 F.2d 1465 (5th Cir.1990).

While the appeal was pending, the District Court awarded plaintiffs attorneys' fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. Defendants appealed the fee award. The Fifth Circuit reversed and remanded the fee award for reconsideration in light of the appellate opinion on the merits. Perales v. Casillas, 950 F.2d 1066 (5th Cir. 1992).

We have no further information on the case.

Dan Dalton - 12/27/2007


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Issues and Causes of Action
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Issues
Immigration
Constitutional rights
Deportation - criteria
Deportation - procedure
Employment
Family
Undocumented immigrants - rights and duties
Work authorization - criteria
Work authorization - procedures
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) Immigration and Naturalization Service (INS)
Plaintiff Description All immigrant visa applicants who reside within the San Antonio, Texas INS District and are immediate relatives of U.S. citizens or within 60 days of visa availability and whose application for employment authorization were denied or not timely processed
Indexed Lawyer Organizations MALDEF
Class action status sought Yes
Class action status granted Yes
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1988 - n/a
Case Closing Year n/a
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)
No docket sheet currently in the collection
General Documents
Opinion 06/25/1990 (903 F.2d 1043)
IM-TX-0018-0003 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Denials of Rehearing En Banc 08/13/1990 (912 F.2d 1465)
IM-TX-0018-0005 PDF | WESTLAW| LEXIS | Detail
Appeal From Order of the United States District Court for the Western District of Texas [Brief for Appellees] 01/11/1991
IM-TX-0018-0001 PDF | Detail
Reply and Responsive Brief for the Appellants/Cross-Appellees 03/18/1991
IM-TX-0018-0002 PDF | Detail
Opinion 01/07/1992 (950 F.2d 1066)
IM-TX-0018-0004 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Clark, Charles (Fifth Circuit)
IM-TX-0018-0004
Garwood, William Lockhart (Fifth Circuit)
IM-TX-0018-0004
Goldberg, Irving Loeb (Fifth Circuit)
IM-TX-0018-0003 | IM-TX-0018-0004
Higginbotham, Patrick Errol (N.D. Tex., Fifth Circuit)
IM-TX-0018-0003
Reavley, Thomas Morrow (Fifth Circuit)
IM-TX-0018-0003
Monitors/Masters None on record
Plaintiff's Lawyers Hines, Barbara (Texas)
IM-TX-0018-0001 | IM-TX-0018-0003 | IM-TX-0018-0004
Teran, Lee J. (Texas)
IM-TX-0018-0001 | IM-TX-0018-0003 | IM-TX-0018-0004
Defendant's Lawyers Ball, Gregory (Texas)
IM-TX-0018-0001
Doyle, Mary K. (District of Columbia)
IM-TX-0018-0001 | IM-TX-0018-0002 | IM-TX-0018-0004
Ederer, Ronald F (Texas)
IM-TX-0018-0002 | IM-TX-0018-0004
Evans, Richard M. (District of Columbia)
IM-TX-0018-0004
Eversberg, Helen M. (Texas)
IM-TX-0018-0003
Gerson, Stuart M. (District of Columbia)
IM-TX-0018-0002
Golding, Marshall Tamal (District of Columbia)
IM-TX-0018-0001 | IM-TX-0018-0003
Moynihan, Jack B. (Texas)
IM-TX-0018-0001
Singer, Michael Jay (District of Columbia)
IM-TX-0018-0002 | IM-TX-0018-0004
Walter, Mark C. (District of Columbia)
IM-TX-0018-0003
Other Lawyers None on record

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