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Case Name Doe v. Nelson IM-IL-0003
Docket / Court No. 88 C 6987 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Immigration
Case Summary
In 1988, two undocumented aliens who had been residing in the U.S. since before January 1, 1982, brought suit in the U.S. District Court for the Northern District of Illinois, challenging INS regulations relating to citizenship procedures for the Immigration Reform and Control Act of 1986. The Act ... read more >
In 1988, two undocumented aliens who had been residing in the U.S. since before January 1, 1982, brought suit in the U.S. District Court for the Northern District of Illinois, challenging INS regulations relating to citizenship procedures for the Immigration Reform and Control Act of 1986. The Act established a one-time-only legalization program for undocumented aliens who had been living in the country since before January 1, 1982. In order to qualify for the legalization program, aliens had to meet specific statutory requirements. Before the program started, the INS issued regulation 8 C.F.R. ยง 245a.2(a)(2)(i), which stated:

An alien who was apprehended by the Service, or who was the subject of an Order to Show Cause, issued on or after November 6, 1986 and prior to May 5, 1987 and who has established prima facie eligibility for adjustment of status under section 245A(a) of the Act must file an application for adjustment during the period beginning on May 5, 1987 and ending on June 3, 1987.

Plaintiffs filed their legalization papers within the year-long application period set by the Act, but outside the 30-day window set by the INS regulation. The INS denied their applications.

Plaintiffs filed suit to challenge the INS denials, alleging that the regulation was overbroad. Plaintiffs maintained that that, according to the Act, the 30-day restriction only applied to aliens who had been served with an Order to Show Cause, which neither Plaintiff had been.

The Government moved to dismiss the case for lack of subject matter jurisdiction. The District Court (Judge William Thomas Hart) denied the defendants' motion. After finding that it had jurisdiction over the case, the Court ordered the plaintiffs to move for certification of an appropriate class "as soon as practicable." Doe v. Nelson, 703 F. Supp. 715 (N.D. Ill. 1988).

We have no further information on the outcome of the case; our case information is limited to the reported District Court opinion.

Stephen Imm - 08/22/2007


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Issues and Causes of Action
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Issues
Immigration
Admission - procedure
Constitutional rights
U.S. citizenship - acquiring
Plaintiff Type
Private Plaintiff
Causes of Action Immigration Reform and Control Act of 1986 (IRCA)
Defendant(s) Immigration and Naturalization Service
Plaintiff Description Aliens Juan Doe and Maria Roe bring action challenging order to show cause, as stipulated by INS after November 6, 1986/
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Unknown
Prevailing Party Unknown
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Unknown
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Unknown
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 12/28/1988 (703 F.Supp. 713) (N.D. Ill.)
IM-IL-0003-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Hart, William Thomas (N.D. Ill.)
IM-IL-0003-0001
Monitors/Masters None on record
Plaintiff's Lawyers Gzesh, Susan R. (Illinois)
IM-IL-0003-0001
Mousin, Craig B. (Illinois)
IM-IL-0003-0001
Rubman, David (Illinois)
IM-IL-0003-0001
Defendant's Lawyers Hoofnagle, James G Jr. (Illinois)
IM-IL-0003-0001
Other Lawyers None on record

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