Case: Escamilla-Montoya v. Landon

1:79-03874 | U.S. District Court for the Northern District of Illinois

Filed Date: Sept. 18, 1979

Closed Date: July 23, 1982

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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-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 Mag…

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)

People


Judge(s)

Leighton, George Neves (Illinois)

Judge(s)

Leighton, George Neves (Illinois)

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Documents in the Clearinghouse

Document

78-03874

Opinion

July 23, 1982

July 23, 1982

Order/Opinion

1982 U.S.Dist.LEXIS 1982

Docket

Last updated March 20, 2024, 3:19 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Illinois

Case Type(s):

Immigration and/or the Border

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):

Private Plaintiff

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:

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Order Duration: 1982 - None

Content of Injunction:

Preliminary relief denied

Issues

Immigration/Border:

Constitutional rights

Deportation - judicial review

Deportation - procedure

Detention - conditions

Undocumented immigrants - rights and duties