Case: Becker v. Marks

1:72-cv-03436 | U.S. District Court for the Southern District of New York

Filed Date: Aug. 11, 1972

Closed Date: May 14, 1973

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Case Summary

In 1973, attorney James Becket, the legal director of the American Civil Liberties Union Foundation, filed suit in the United States District Court for the Southern District of New York, challenging the INS practice of maintaining a check list ("lookout book") of names of individuals to be stopped by immigration officials if they attempt to gain entry into the United States. Becket claimed that he was stopped twice by immigration officials when attempting to return to the U.S. from Europe beca…

In 1973, attorney James Becket, the legal director of the American Civil Liberties Union Foundation, filed suit in the United States District Court for the Southern District of New York, challenging the INS practice of maintaining a check list ("lookout book") of names of individuals to be stopped by immigration officials if they attempt to gain entry into the United States. Becket claimed that he was stopped twice by immigration officials when attempting to return to the U.S. from Europe because his name appeared in the lookout book. Becket corresponded with the INS in an attempt to have his name removed from the lookout book and to learn why it was in there. The INS responded that it had removed Becket's name, but would not disclose other information requested. This suit followed. Becket alleged that the existence and use of the lookout book violated the First, Fourth, Fifth, Ninth and Fourteenth Amendments and the Administrative Procedures Act; 5 U.S.C. §§ 701-706. He sought declaratory and injunctive relief, "declaring the invalidity of and enjoining the defendants from maintaining the listing of his name and additional information concerning him and his First Amendment activities in a checklist maintained by them at all points of entry into the United States." Plaintiff also sought class certification.

The government moved to dismiss the case or for judgment on the pleadings. It contended that the plaintiff was the victim of misidentification and that his name was removed from the "lookout book." As such, the government maintained that plaintiff had no standing to pursue the case.

On May 14, 1973, the District Court (Judge Gurfein) dismissed the case, holding that plaintiff's individual claim was moot. Becket v. Marks, 358 F.Supp. 1180 (S.D.N.Y. 1973).

Summary Authors

Dan Dalton (11/4/2007)

People


Judge(s)

Gurfein, Murray Irwin (New York)

Attorney for Plaintiff

Rosen, Sanford Jay (California)

Wulf, Melvin L. (New York)

Attorney for Defendant

Seymour, Whitney North (New York)

Wallenstein, Stanley H. (New York)

Judge(s)

Gurfein, Murray Irwin (New York)

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Documents in the Clearinghouse

Document

1:72-cv-03436

Opinion

Becket v. Marks

May 14, 1973

May 14, 1973

Order/Opinion

358 F.Supp. 358

Docket

Last updated March 12, 2024, 3:04 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Aug. 11, 1972

Closing Date: May 14, 1973

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All citizens whose names appear on the INS "lookout book" and for whom there was no federal arrest warrant, indictment or information, nor any court order in connection with bail, parole or probation.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Immigration and Naturalization Service, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Available Documents:

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Immigration/Border:

Admission - criteria

Admission - procedure

Border police

Constitutional rights