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Case Name Iyengar v. Barnhart IM-DC-0007
Docket / Court 02-0825 (ESH) ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Immigration
Case Summary
On May 1, 2002, a group of aliens who were residing legally within the U.S. but were ineligible to work, brought suit in the U.S. District Court for the District of Columbia, challenging the Social Security Administration's (SSA) determination that it would no longer issue Social Security numbers ... read more >
On May 1, 2002, a group of aliens who were residing legally within the U.S. but were ineligible to work, brought suit in the U.S. District Court for the District of Columbia, challenging the Social Security Administration's (SSA) determination that it would no longer issue Social Security numbers to aliens for purposes of obtaining state driver's licenses. Plaintiffs alleged that the SSA's actions violated the Administrative Procedure Act, 5 U.S.C. § 553, in that the SSA dismissed its long-standing regulatory interpretations without complying with the notice and comment provisions of the Act. Plaintiffs sought declaratory and injunctive relief, as well as class certification.

The SSA moved to dismiss the suit for lack of standing. Plaintiffs moved for summary judgment, preliminary injunctive relief, and class certification. The District Court (Judge Ellen S. Huvelle) granted Plaintiffs' motions in part and denied them in part, holding that: (1) the aliens had standing to bring the action; (2) the SSA's determination was subject to the APA's notice and comment requirements; and (3) Plaintiffs' requests for a preliminary injunction and class certification were denied. Iyengar v. Barnhart.233 F. Supp. 2d. 12. (D.C. 2002).

Shortly thereafter, the parties settled the case. As part of the settlement, the SSA agreed to pay Plaintiffs $50,000 in attorneys' fees.

On July 18, 2003, Eduardo Ovadio, who was not a member of the original lawsuit, filed a petition seeking to have the SSA held in contempt for refusing to issue him a SSN for a valid nonwork purpose. The District Court found that the petitioner lacked standing and denied his motion. Iyengar V. Barnhart, 281 F.Supp.2d 38 (D.D.C. 2003).

We have no further information on this case.

Stephen Imm - 08/23/2007


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Issues and Causes of Action
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Issues
General
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Immigration
Work authorization - procedures
Plaintiff Type
Private Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) Social Security Administration
Plaintiff Description Several aliens who resided legally in the United States but who were not eligible to work in the country were denied Social Security Numbers, preventing them from applying for drivers licenses
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
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 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)
02-CV-00825-ESH (D.D.C.) 08/18/2003
IM-DC-0007-9000 PDF | Detail
General Documents
Opinion 11/26/2002 (233 F.Supp.2d 5) (D.D.C.)
IM-DC-0007-0004 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order (Dismissal) 04/22/2003 (D.D.C.)
IM-DC-0007-0001 PDF | Detail
Opinion 09/03/2003 (281 F.Supp.2d 38) (D.D.C.)
IM-DC-0007-0003 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order 07/25/2012 (2012 WL 10236550)
IM-DC-0007-0002 PDF | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Garland, Merrick B. (D.C. Circuit)
IM-DC-0007-0002
Huvelle, Ellen Segal (D.D.C.)
IM-DC-0007-0001 | IM-DC-0007-0003 | IM-DC-0007-0004 | IM-DC-0007-9000
Rogers, Judith Ann Wilson (D.C. Circuit)
IM-DC-0007-0002
Tatel, David S. (D.C. Circuit)
IM-DC-0007-0002
Monitors/Masters None on record
Plaintiff's Lawyers Hunt, Gaillard (Virginia)
IM-DC-0007-0001 | IM-DC-0007-0003 | IM-DC-0007-0004 | IM-DC-0007-9000
Khanna, Rajiv Santosh (Virginia)
IM-DC-0007-0001 | IM-DC-0007-0003 | IM-DC-0007-0004 | IM-DC-0007-9000
Defendant's Lawyers Howard, Roscoe (District of Columbia)
IM-DC-0007-0001
Khandelwal, Sharad S. (District of Columbia)
IM-DC-0007-0001 | IM-DC-0007-0003 | IM-DC-0007-0004 | IM-DC-0007-9000
Lepley, Richard G (District of Columbia)
IM-DC-0007-0001
McCallum, Robert D. Jr. (District of Columbia)
IM-DC-0007-0001
Rivera, Karen A. (District of Columbia)
IM-DC-0007-0003 | IM-DC-0007-9000
Other Lawyers None on record

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