University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Azizi v. Thornburgh IM-CT-0003
Docket / Court 2:87-cv-00957-AHN ( D. Conn. )
State/Territory Connecticut
Case Type(s) Immigration
Case Summary
On December 9, 1987, an alien and his citizen spouse brought suit in the District Court of Connecticut, challenging Section 5 of the Immigration and Marriage Fraud Amendments of 1986, 8 U.S.C. §§ 1154 (h) and 1255(e). The challenged section required that undocumented aliens who married U.S. ... read more >
On December 9, 1987, an alien and his citizen spouse brought suit in the District Court of Connecticut, challenging Section 5 of the Immigration and Marriage Fraud Amendments of 1986, 8 U.S.C. §§ 1154 (h) and 1255(e). The challenged section required that undocumented aliens who married U.S. citizens during their deportation proceedings must commit to a two-year separation, during which the undocumented alien must return to his or her country of origin. Plaintiffs asserted that the provision violated their right to equal protection and their substantive due process right to marriage.

Both parties filed cross-motions for summary judgment. On August 2, 1989, the District Court (Judge Alan H. Nevas) granted defendants' motion and dismissed the action. The Court reasoned that the constitutionally protected right to marry did "not include a citizen spouse's interest in having the alien spouse remain in the United States." Azizi v. Thornburgh, 719 F. Supp, 91. (D. Conn. 1989) Plaintiffs appealed and the Court of Appeals for the Second Circuit affirmed the dismissal. Azizi v. Thornburgh, 908 F.2d 1130 (2nd Cir. 1990).

Stephen Imm - 08/20/2007


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Issues and Causes of Action
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Issues
Immigration
Admission - criteria
Constitutional rights
Deportation - criteria
Deportation - judicial review
Deportation - procedure
Family
U.S. citizenship - acquiring
Plaintiff Type
Private Plaintiff
Causes of Action Bivens
Defendant(s) Attorney General of the United States
Plaintiff Description An illegal alien married and his naturalized citizen wife, who were married during deportation proceedings
Indexed Lawyer Organizations None on record
Class action status sought No
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 1990
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)
87-CV-00957-AHN (D. Conn.) 08/04/1989
IM-CT-0003-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion 08/02/1989 (719 F.Supp. 86) (D. Conn.)
IM-CT-0003-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 07/05/1990 (908 F.2d 1130)
IM-CT-0003-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Cardamone, Richard J. (Second Circuit)
IM-CT-0003-0001
Feinberg, Wilfred (Second Circuit, S.D.N.Y.)
IM-CT-0003-0001
Miner, Roger Jeffrey (Second Circuit, N.D.N.Y.)
IM-CT-0003-0001
Nevas, Alan Harris (D. Conn.)
IM-CT-0003-0002 | IM-CT-0003-9000
Monitors/Masters None on record
Plaintiff's Lawyers Anastasi, William J. (Connecticut)
IM-CT-0003-0001 | IM-CT-0003-0002
Guttentag, Lucas (New York)
IM-CT-0003-0001 | IM-CT-0003-0002
Mrotek, Ryszard S. (Colorado)
IM-CT-0003-0001 | IM-CT-0003-0002
Rabinovitz, Judy (New York)
IM-CT-0003-0001 | IM-CT-0003-0002
Stone, Martha (Connecticut)
IM-CT-0003-0001 | IM-CT-0003-0002
Tegeler, Philip D. (Connecticut)
IM-CT-0003-0001 | IM-CT-0003-0002
Defendant's Lawyers Bernal, David V. (District of Columbia)
IM-CT-0003-0001 | IM-CT-0003-0002
Gerson, Stuart M. (District of Columbia)
IM-CT-0003-0001
Griffin, Nancy L. (Connecticut)
IM-CT-0003-0001
Kline, David J. (District of Columbia)
IM-CT-0003-0001
Twardy, Stanley A. Jr. (Connecticut)
IM-CT-0003-0001
Other Lawyers Schuck, Peter H. (Connecticut)
IM-CT-0003-0001

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