University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Chintakuntla v. INS IM-CA-0023
Docket / Court 3:99-cv-05211-MMC ( N.D. Cal. )
State/Territory California
Case Type(s) Immigration
Case Summary
On December 8, 1999, plaintiffs filed a class action lawsuit in the U.S. District Court for the Northern District of California, challenging the INS denial of employment based second preference (EB2) immigrant visa petitions that were filed by. U.S. employers and immigrants who sought to obtain ... read more >
On December 8, 1999, plaintiffs filed a class action lawsuit in the U.S. District Court for the Northern District of California, challenging the INS denial of employment based second preference (EB2) immigrant visa petitions that were filed by. U.S. employers and immigrants who sought to obtain work visas for immigrants with certain employment skills and experience. The issue in plaintiffs' complaint was the INS policy of denying EB-2 applications when form ETA 750 specified a Bachelors degree plus five years of "Progressive Experience" in lieu of a Master's degree.

Our information on the procedural history of this case is limited to the PACER docket, which does not contain document hyperlinks.

On March 20, 2000, the INS issued a Service Memorandum which provided guidance to INS Service Center adjudicators in their evaluation of EB2 immigrant visa petitions.

Following the INS Service Memorandum, the District Court (Judge Maxine M. Chesney) entered judgment in favor of plaintiffs, granted provisional class certification and issued a preliminary injunction on May 4, 2000. Judge Chesney ordered the INS to permit some EB-2 immigrant visa petitioners to file untimely motions to reconsider the decisions in their cases in light of the March 20, 2000, Service Memorandum. Notice of the Court's order was published in the Federal Register, Vol. 65, No. 128 / Monday, July 3, 2000. (A copy is included as part of the documents for this case.)

Litigation on liability for plaintiffs' attorneys' fees followed until the parties settled the fee issue in January 2003, with defendants agreeing to pay $395,000.00.

We have no further information on this case.

Erica Woodruff - 08/07/2007


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Issues and Causes of Action
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Issues
Immigration
Constitutional rights
Employment
Visas - criteria
Visas - procedures
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.
Defendant(s) Immigration and Naturalization Service
Plaintiff Description Any alien who is the beneficiary of an I-140 (EB-2) immigrant visa petition seeking to classify the alien beneficiary as a member of the professions holding an advanced degree, or the equivalent, whose petition was denied.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Unknown
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2003
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)
3:99-cv-05211-MMC (N.D. Cal.) 12/08/1999
IM-CA-0023-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
EB2 Class Action – Permanent Injunction Issued 05/04/2000
IM-CA-0023-0002.pdf | Detail
Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Notices 07/03/2000
IM-CA-0023-0001.pdf | Detail
Judges Chesney, Maxine M. (N.D. Cal.)
IM-CA-0023-9000
Monitors/Masters None on record
Plaintiff's Lawyers Appleman, Jeff T. (California)
IM-CA-0023-0002 | IM-CA-0023-9000
Leiden, Warren (California)
IM-CA-0023-9000
Surmaitiss, George P. (California)
IM-CA-0023-9000
Van Der Hout, Marc (California)
IM-CA-0023-9000
Defendant's Lawyers Burton, Jocelyn (California)
IM-CA-0023-9000
Other Lawyers None on record

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