Filed Date: Sept. 18, 1979
Closed Date: July 23, 1982
Clearinghouse coding complete
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.
Summary Authors
Stephen Imm (8/23/2007)
Leighton, George Neves (Illinois)
Leighton, George Neves (Illinois)
Last updated March 20, 2024, 3:19 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Illinois
Case Type(s):
Key Dates
Filing Date: Sept. 18, 1979
Closing Date: July 23, 1982
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Five individuals of Mexican descent brought suit against INS challenging practices and procedures under I-274 Voluntary Departure Program
Plaintiff Type(s):
Public Interest Lawyer: Unknown
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Immigration and Naturalization Service, Federal
Case Details
Causes of Action:
Ex Parte Young (Federal) or Bivens
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Order Duration: 1982 - None
Content of Injunction:
Issues
Immigration/Border: