University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Cardoso v. Reno IM-TX-0010
Docket / Court 3:98-cv-01181 ( N.D. Tex. )
State/Territory Texas
Case Type(s) Immigration
Case Summary
On May 18, 1998, three aliens from Mexico filed a class action suit in the U.S. District Court for the Northern District of Texas, alleging that the U.S. Attorney General violated a number of federal immigration statutes. Plaintiffs sought declaratory and injunctive relief requiring the Attorney ... read more >
On May 18, 1998, three aliens from Mexico filed a class action suit in the U.S. District Court for the Northern District of Texas, alleging that the U.S. Attorney General violated a number of federal immigration statutes. Plaintiffs sought declaratory and injunctive relief requiring the Attorney General to "(a) allow them to remain in the United States, (b) issue work authorization and, when a visa is available to them (c) allow them to adjust status in the United States."

The government moved to dismiss on jurisdictional grounds and failure to state a claim.

On March 2, 1999, Magistrate Judge Paul Stickney issued a report which recommended that the defendant's motion to dismiss the case be granted, and that the plaintiff's complaint be dismissed. The District Court (Judge Jerry Buchmeyer) adopted the magistrate's recommendations and dismissed the case, stating that 8 U.S.C. § 1252(g) deprived the court of jurisdiction to review the case, and that plaintiffs had failed to state a legal basis for their claims. Plaintiffs appealed. The U.S. Court of Appeals for the Fifth Circuit (Judge W. Eugene Davis) affirmed. Cardoso v. Reno, 216 F.3d 512 (5th Cir. 2000).

Erica Woodruff - 08/03/2007


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Issues and Causes of Action
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Issues
Immigration
Constitutional rights
Deportation - judicial review
Employment
Status/Classification
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 & Naturalization Service
United States Department of Justice
Plaintiff Description Three illegal aliens wanting the Attorney General to adjust their immigration status, permit them to remain in the U.S. and provide them with work authorization.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2000
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)
99-10316 (U.S. Court of Appeals) 03/29/1999
IM-TX-0010-9001.pdf | Detail
3:98-cv-01181 (N.D. Tex.) 09/18/2000
IM-TX-0010-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Judgment 03/19/1999 (N.D. Tex.)
IM-TX-0010-0001.pdf | Detail
Opinion 07/11/2000 (216 F.3d 512)
IM-TX-0010-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Buchmeyer, Jerry (N.D. Tex.)
IM-TX-0010-0001 | IM-TX-0010-9000
Davis, W. Eugene (Fifth Circuit, W.D. La.)
IM-TX-0010-0002
Politz, Henry Anthony (Fifth Circuit)
IM-TX-0010-0002
Restani, Jane A. ()
IM-TX-0010-0002
Monitors/Masters None on record
Plaintiff's Lawyers Maldonado, Ernesto (Texas)
IM-TX-0010-0002 | IM-TX-0010-9000 | IM-TX-0010-9001
Defendant's Lawyers Evans, Richard M. (District of Columbia)
IM-TX-0010-0002 | IM-TX-0010-9001
Guyton, Marion Edward (District of Columbia)
IM-TX-0010-0002 | IM-TX-0010-9000 | IM-TX-0010-9001
Reynolds, James Thomas (Texas)
IM-TX-0010-9000
Other Lawyers None on record

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