University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Espindola v. INS IM-CA-0024
Docket / Court CIV-S-92-1871 EJG/GGH ( E.D. Cal. )
State/Territory California
Case Type(s) Immigration
Attorney Organization MALDEF
Case Summary
On January 20, 1992, plaintiffs, represented by the National Immigration Law Center, and the ACLU Immigration Rights' Project filed a class lawsuit against the Immigration and Naturalization Service in the United States District Court for the Eastern District of California, challenging the INS' " ... read more >
On January 20, 1992, plaintiffs, represented by the National Immigration Law Center, and the ACLU Immigration Rights' Project filed a class lawsuit against the Immigration and Naturalization Service in the United States District Court for the Eastern District of California, challenging the INS' "Operation Green Card," a plan which required permanent residents to pay $70 to renew green cards (Alien Registration Receipt Card, Form I-151) issued before 1978. Plaintiffs sought declaratory and injunctive relief.

In May, 2003, following a court hearing, the District Court (Judge Edward J Garcia) certified the case as a class action, defining the class as: "all persons who were issued an Alien Registration Receipt Card, Form I-151, or a predecessor document evidencing lawful permanent resident alien status, and who have applied or who will apply for a replacement card on or after June 26, 1992 solely in reliance upon INS' "green card" replacement program announced by Federal Register Notice of June 26, 1992." The Court also granted in part plaintiff's motion for summary judgment and issued a permanent injunction, ordering the INS to stop accepting applications for replacement "Green Cards" pursuant to its June 1992 Notice and ordering the INS to refund the application fees to those class members who already paid the fees.

In October, 1994, the Court (Judge Garcia) reversed himself and granted the defendants' motion for reconsideration, thereby allowing the INS to carry out its "Operation Green Card. As our information on this case is limited to the entries on the PACER docket, the reasons for reconsideration are unknown.

Apparently, the parties settled the issues in the case as the docket reflects that Judge Garcia preliminarily approved the proposed settlement in July, 1995 and issued an order of final approval in August, 1995. Terms of the settlement were not apparent from the docket.

Defendants agreed to pay the plaintiffs $50,250 for settlement of their attorneys' fee claim. We have no further information on this case.

Brian Ponton - 08/31/2007


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Issues and Causes of Action
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Issues
Immigration
Admission - procedure
Status/Classification
Work authorization - procedures
Plaintiff Type
Private Plaintiff
Causes of Action
Defendant(s) Immigration and Naturalization Service
Plaintiff Description All persons who were issued an Alien Registration Receipt Card, Form I-151, or a predecessor document evidencing lawful permanent resident alien status, and who have applied or who will apply for a replacement card on or after June 26, 1992.
Indexed Lawyer Organizations MALDEF
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 1995
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)
(E.D. Cal.) 11/10/1992
IM-CA-0024-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
No documents currently in the collection
Judges Garcia, Edward J. (E.D. Cal.)
IM-CA-0024-9000
Hollows, Gregory G. (E.D. Cal.) [Magistrate]
IM-CA-0024-9000
Monitors/Masters None on record
Plaintiff's Lawyers Andrade, Vibiana (California)
IM-CA-0024-9000
Gibbs, Robert H. (Washington)
IM-CA-0024-9000
Guttentag, Lucas (New York)
IM-CA-0024-9000
Jacobs, Ilene Janet (California)
IM-CA-0024-9000
Joaquin, Linton (California)
IM-CA-0024-9000
Kohn, Richard S. (California)
IM-CA-0024-9000
Levy, Daniel (California)
IM-CA-0024-9000
Navarro, Valerie Small (California)
IM-CA-0024-9000
Neville, Sheila K. (California)
IM-CA-0024-9000
Ortiz, Michael J. (California)
IM-CA-0024-9000
Phares, Ana Ventura (California)
IM-CA-0024-9000
Rosenbaum, Stephen A. (California)
IM-CA-0024-9000
Rosenberg, Lory D. (District of Columbia)
IM-CA-0024-9000
Wheeler, Charles Hammond (California)
IM-CA-0024-9000
Defendant's Lawyers Isgro, Francesco (District of Columbia)
IM-CA-0024-9000
Williams, Glyndell E. (California)
IM-CA-0024-9000
Other Lawyers None on record

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