Filed Date: Jan. 26, 1988
Closed Date: April 23, 1990
Clearinghouse coding complete
In 1988, Katherina Manwani, a native-born citizen of the U.S., and her husband Prakash Manwani, a citizen of India, filed suit in the U.S. District Court of North Carolina, challenging the constitutionality of section 5(b) of the Immigration Marriage Fraud Amendments of 1986, 8 U.S.C. § 1154(h), which imposed a mandatory two-year foreign residency requirement on all immigrants entering into marriages with U.S. citizens while their deportation proceedings were pending.
The Manwanis began dating in 1984, when Mr. Manwani was legally in the U.S. In May 1986, the INS initiated deportation proceedings against Mr. Manwani because he overstayed his tourist visa. The couple was married in May 1987 and had a child on November 16, 1988. This suit followed.
The parties filed cross-motions for summary judgment. On April 23, 1990, the District Court (Judge James Bryan McMillan) issued detailed findings of fact and conclusions of law, entering judgment in favor of the plaintiffs. Judge McMillan found that the section in question violated the Due Process and Equal Protection Clauses of the Fifth Amendment. Manwani v. U.S. Department of Justice, 736 F. Supp. 1367 (W.D.N.C. 1990).
We have no further information on this case.
Summary Authors
Stephen Imm (8/20/2007)
Rhea Sharma (3/26/2024)
McMillan, James Bryan (North Carolina)
Gordan, Alan S. (North Carolina)
Guttentag, Lucas (New York)
Bernal, David V. (District of Columbia)
Lyons, Charles E. (District of Columbia)
McMillan, James Bryan (North Carolina)
Last updated April 2, 2024, 3:02 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: North Carolina
Case Type(s):
Key Dates
Filing Date: Jan. 26, 1988
Closing Date: April 23, 1990
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Mrs. Katherina Manwani, native born citizen of U.S. and Mr. Prakash Manwani, husband, who challenged constitutionality of a section 5(b) the of Immigration Marriage Fraud Amendments of 1986, 8 U.S.C. § 1154(h).
Plaintiff Type(s):
Attorney Organizations:
ACLU Immigrants' Rights Project
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
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: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Issues
Discrimination-basis:
Immigration/Border: