University of Michigan Law School
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Case Name Grimaldo v. Reno IM-CO-0003
Docket / Court No. CIV. A. 98-B-1216 ( D. Colo. )
State/Territory Colorado
Case Type(s) Immigration
Case Summary
In 1998, plaintiff, a lawful permanent resident facing removal for an aggravated felony conviction filed suit against the United States Immigration and Naturalization Services in the U.S. District Court for the District of Colorado, alleging that the INS violated his due process and equal ... read more >
In 1998, plaintiff, a lawful permanent resident facing removal for an aggravated felony conviction filed suit against the United States Immigration and Naturalization Services in the U.S. District Court for the District of Colorado, alleging that the INS violated his due process and equal protection rights by not "serving him with charges and notice of bond." Plaintiff sought injunctive relief and compensatory damages. Plaintiff was removed on June 30, 1998.

The government moved to dismiss and plaintiff requested leave to amend his complaint. The District Court (Judge Lewis T. Babcock) dismissed Janet Reno from the case but otherwise denied the government's motion to dismiss. The Court allowed plaintiff to amend his complaint to add a request for class certification but denied it with respect to his request that the government rescind its removal order.

Grimaldo v. Reno, 187 F.R.D. 643 (D.Colo. Aug. 9, 1999) The government's motion to reconsider was denied. Grimaldo v. Reno, 189 F.R.D. 617 (D.Colo. Nov. 24, 1999).

The PACER docket reflects that the case was voluntarily dismissed by plaintiff on February 8, 2000.

Dan Dalton - 11/13/2007


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Issues and Causes of Action
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Issues
Immigration
Constitutional rights
Deportation - criteria
Deportation - judicial review
Deportation - procedure
Plaintiff Type
Private Plaintiff
Causes of Action Bivens
Defendant(s) United States Immigration and Naturalization Services
Plaintiff Description Individual facing removal for an aggravated felony conviction and denied notification of bond.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement Voluntary Dismissal
Order Duration not on record
Case Closing Year 2000
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)
1:98-cv-01216-LTB (D. Colo.) 02/08/2000
IM-CO-0003-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion 08/09/1999 (187 F.R.D. 643) (D. Colo.)
IM-CO-0003-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 11/24/1999 (189 F.R.D. 617) (D. Colo.)
IM-CO-0003-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Babcock, Lewis Thornton (D. Colo.)
IM-CO-0003-0001 | IM-CO-0003-0002 | IM-CO-0003-9000
Monitors/Masters None on record
Plaintiff's Lawyers Salvator, Jim (Colorado)
IM-CO-0003-0002 | IM-CO-0003-9000
Defendant's Lawyers Hegarty, Michael E. (Colorado)
IM-CO-0003-0001 | IM-CO-0003-0002 | IM-CO-0003-9000
Molina, Ernesto H. Jr. (District of Columbia)
IM-CO-0003-0001 | IM-CO-0003-0002 | IM-CO-0003-9000
Other Lawyers None on record

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