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Case Name Escamilla-Montoya v. Landon IM-IL-0015
Docket / Court 79 C 3874 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Immigration
Case Summary
In 1979, five aliens of Mexican descent brought a class action lawsuit in the U.S. District Court for the Northern District of Illinois to challenge certain practices and procedures in the administration of the I-274 Voluntary Departure Program. Plaintiffs claimed that they were subjected to post- ... read more >
In 1979, five aliens of Mexican descent brought a class action lawsuit in the U.S. District Court for the Northern District of Illinois to challenge certain practices and procedures in the administration of the I-274 Voluntary Departure Program. Plaintiffs claimed that they were subjected to post-custodial interrogations in violation of the Fifth Amendment and the Immigration and Nationality Act, 8 U.S.C. § 1101.

Plaintiffs requested a preliminary injunction which request was referred to a Magistrate Judge (Judge Jurco) for the purpose of holding a hearing and then issuing a report and recommendation. Judge Jurco issued his report, recommending that the request for a preliminary injunction be denied. The District Court (Judge George N. Leighton) accepted the report and recommendation and denied the request for a preliminary injunction. The Court held that the INS did not subject undocumented alien detainees to further interrogation after the exercise of the right to counsel, nor did the INS deny undocumented aliens the right to retract their voluntary departure option or the right to a deportation hearing. Escamilla-Montoya v. Landon, 1982 U.S. Dist. LEXIS 13776 (N.D.Ill. 1982).

We have no further information on this case.

Stephen Imm - 08/23/2007


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Issues and Causes of Action
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Issues
Immigration
Constitutional rights
Deportation - judicial review
Deportation - procedure
Detention - conditions
Undocumented immigrants - rights and duties
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Bivens
Defendant(s) Immigration and Naturalization Service
Plaintiff Description Five individuals of Mexican descent brought suit against INS challenging practices and procedures under I-274 Voluntary Departure Program
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration 1982 - n/a
Case Closing Year 1982
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 07/23/1982 (1982 U.S.Dist.LEXIS 13776) (N.D. Ill.)
IM-IL-0015-0001 PDF | LEXIS | Detail
Document Source: LexisNexis
Judges Leighton, George Neves (N.D. Ill.)
IM-IL-0015-0001
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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