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Case Name Contreras De Avila v. Bell IM-IL-0001
Docket / Court 78-C-1166 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Immigration
Case Summary
In 1978, a group of Mexican visa applicants filed a class action lawsuit in the U.S. District Court for the Northern District of Illinois, seeking recapture of visas allegedly incorrectly charged to the yearly quota for Mexico in fiscal year 1977.

On May 18, 1979 the District Court ( ... read more >
In 1978, a group of Mexican visa applicants filed a class action lawsuit in the U.S. District Court for the Northern District of Illinois, seeking recapture of visas allegedly incorrectly charged to the yearly quota for Mexico in fiscal year 1977.

On May 18, 1979 the District Court (Judge Marshall) ruled that the State Department had incorrectly interpreted the 1976 amendments to the Immigration and Nationality Act and that 9,565 additional visas should be awarded to Mexican immigrants. Following class certification, the Court issued a temporary restraining order on December 21, 1979, modified January 18, 1980, enjoining the Immigration and Naturalization Service (INS) from deporting certain immigrants who may be entitled to recaptured visas. On February 27, 1980, the Court ordered that 9,041 visas would be issued to nonpreference visa applications and 524 to second preference applicants. It also issued a permanent injunction delaying deportation of nonpreference and second preference applications until all the visas are distributed. Contreras de Avila v. Bell, 1980 S Dist. LEXIS 10368 (N.D.I.L February 27, 1980).

Brian Ponton - 08/22/2007
Allison Hight - 01/07/2016


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Issues and Causes of Action
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Issues
Immigration
Admission - criteria
Deportation - criteria
U.S. citizenship - acquiring
Visas - criteria
Visas - procedures
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. ยงยง 1101 et seq.
Defendant(s) Immigration and Naturalization Service
Plaintiff Description Mexican visa applicants seeking recapture of visas allegedly incorrectly charged to the yearly quota for Mexico in fiscal year 1977.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1980 - n/a
Case Closing Year n/a
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 02/27/1980 (1980 U.S.Dist.LEXIS 10368) (N.D. Ill.)
IM-IL-0001-0001.pdf | LEXIS | Detail
Document Source: LexisNexis
Judges Marshall, Prentice Henry (N.D. Ill.)
IM-IL-0001-0001
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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