Case: Kasbati v. District Director of INS

1:92-cv-05522 | U.S. District Court for the Northern District of Illinois

Filed Date: Aug. 17, 1992

Closed Date: 1992

Clearinghouse coding complete

Case Summary

On August 17, 1992, plaintiff Abdul Kasbati, an alien detained pending exclusionary proceedings, filed a petition for a writ of habeas corpus, in the U.S. District Court for the Northern District of Illinois. Kasbati was a native of Pakistan who resided in the U.S. since 1981. He was granted class membership in a class action lawsuit, Catholic Social Services v. Meese, 685 F.Supp. 1149 (E.D.Cal.1988), aff'd, CSS v. Thornburgh, 956 F.2d 914 (9th Cir.1992), which challenged the INS' implementati…

On August 17, 1992, plaintiff Abdul Kasbati, an alien detained pending exclusionary proceedings, filed a petition for a writ of habeas corpus, in the U.S. District Court for the Northern District of Illinois. Kasbati was a native of Pakistan who resided in the U.S. since 1981. He was granted class membership in a class action lawsuit, Catholic Social Services v. Meese, 685 F.Supp. 1149 (E.D.Cal.1988), aff'd, CSS v. Thornburgh, 956 F.2d 914 (9th Cir.1992), which challenged the INS' implementation of the Amnesty Program. [See IM-CA-11 of this collection]. The plaintiff class in Catholic Social Services prevailed and Kasbati received a work authorization permit from the INS. He then applied for lawful temporary resident status pursuant to § 245A of the Immigration and Nationality Act.

Thereafter, Kasbati left the U.S. and returned to Pakistan to care for his sick sister. When he tried to return, he was denied entry back into the U.S. due to an expired work license. The INS held Kasbati and instituted exclusionary proceedings against him.

On October 23, 1992, defendants motioned to dismiss the petition for habeas corpus due to a lack of jurisdiction, or alternatively for summary judgment. On the same day, the District Court (Judge Aspen) denied the petition for a writ of habeas corpus, finding that there had been an "entry," and, therefore, that Kasbati was properly excludable under the Immigration and Nationality Act. Kasbati v. District Director of INS, 805 F.Supp. 619, 619 (N.D. Ill. 1992).

Summary Authors

Erica Woodruff (8/9/2007)

People

Judge(s)

Aspen, Marvin E. (Illinois)

Attorney for Plaintiff

Larson, Keli Marquis (Illinois)

Attorney for Defendant

Hoofnagle, James G Jr. (Illinois)

Judge(s)

Aspen, Marvin E. (Illinois)

Attorney for Plaintiff

Larson, Keli Marquis (Illinois)

Attorney for Defendant

Hoofnagle, James G Jr. (Illinois)

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Documents in the Clearinghouse

Document

1:92-cv-05522

Docket (PACER)

Kasbati v. District Director of I.N.S.

Aug. 17, 1992

Aug. 17, 1992

Docket
19

1:92-cv-05522

Opinion

Kasbati v. District Director of I.N.S.

Oct. 23, 1992

Oct. 23, 1992

Order/Opinion

805 F.Supp. 805

Docket

Last updated March 6, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

PETITION FOR WRIT OF HABEAS CORPUS; notice of filing ; Civil cover sheet (tlm) (Entered: 08/18/1992)

Aug. 17, 1992

Aug. 17, 1992

2

ATTORNEY APPEARANCE for plaintiff by Keil Marquis Larson (tlm) (Entered: 08/18/1992)

Aug. 17, 1992

Aug. 17, 1992

3

RULE 39 Affidavit of Keil Marquis Larson (tlm) (Entered: 08/18/1992)

Aug. 17, 1992

Aug. 17, 1992

4

RECEIPT regarding payment of filing fee paid; on 8/17/92 in the amount of $ 5.00, receipt # 399207. (tlm) Modified on 08/18/1992 (Entered: 08/18/1992)

Aug. 17, 1992

Aug. 17, 1992

4

MINUTE ORDER of 8/19/92 by Hon. Marvin E. Aspen : Status hearing set for 10/23/92 at 10:00 a.m. Mailed notice (tlm) (Entered: 08/21/1992)

Aug. 19, 1992

Aug. 19, 1992

SUMMONS issued as to defendant (fce) (Entered: 09/04/1992)

Aug. 28, 1992

Aug. 28, 1992

5

MOTION by plaintiff to release petitioner or to set bail while case is pending (Attachments); notice of motion. (tlm) (Entered: 09/10/1992)

Sept. 8, 1992

Sept. 8, 1992

6

MINUTE ORDER of 9/8/92 by Hon. Marvin E. Aspen : Enter petitioner's motion to release him from custody [5-1] or set bail while case is pending. [5-2] Respondent to respond on or before 09/15/92. Petitioner to reply to answer brief due 9/18/92. Mailed notice (tlm) (Entered: 09/10/1992)

Sept. 8, 1992

Sept. 8, 1992

7

RESPONSE by respondent to petitioner's motion for bail (Exhibits). [5-2] (tlm) (Entered: 09/16/1992)

Sept. 15, 1992

Sept. 15, 1992

8

REPLY by plaintiff to response to motion to release petitioner [5-1], motion to set bail while case is pending [5-2] (Exhibit). (fce) (Entered: 09/21/1992)

Sept. 18, 1992

Sept. 18, 1992

9

REPLY BRIEF by defendant in support of motion for summary judgment (Exhibits). (tlm) (Entered: 09/22/1992)

Sept. 21, 1992

Sept. 21, 1992

10

DESIGNATION OF ATTORNEY James G. Hoofnagle as US Attorney (tlm) (Entered: 10/09/1992)

Oct. 8, 1992

Oct. 8, 1992

11

CERTIFIED ADMINISTRATIVE RECORD submission by defendant USA (tlm) (Entered: 10/19/1992)

Oct. 16, 1992

Oct. 16, 1992

16

LETTER from plaintiff to Judge Aspen (Attachments). (tlm) (Entered: 10/28/1992)

Oct. 16, 1992

Oct. 16, 1992

17

LETTER from plaintiff to Judge Aspen dated 10/10/92 (Attachment). (tlm) (Entered: 10/28/1992)

Oct. 16, 1992

Oct. 16, 1992

12

MINUTE ORDER of 10/22/92 by Hon. Marvin E. Aspen : Status hearing set for 10/23/92 stricken on court's own motion Telephoned notice (fce) (Entered: 10/23/1992)

Oct. 22, 1992

Oct. 22, 1992

13

MOTION by defendant to dismiss petition for habeas corpus for lack of jurisdiction , or, in the alternative, for summary judgment ; notice of motion. (tlm) (Entered: 10/27/1992)

Oct. 23, 1992

Oct. 23, 1992

14

MEMORANDUM by defendant in support of motion to dismiss petition for habeas corpus for lack of jurisdiction [13-1], or, in the alternative, for summary judgment. [13-2] (tlm) (Entered: 10/27/1992)

Oct. 23, 1992

Oct. 23, 1992

15

MINUTE ORDER of 10/23/92 by Hon. Marvin E. Aspen : Respondent's motion to dismiss petition for habeas corpus for lack of jurisdiction [13-1], or, in the alternative, for summary judgment [13-2] is denied as moot. No notice (tlm) (Entered: 10/27/1992)

Oct. 23, 1992

Oct. 23, 1992

18

MINUTE ORDER of 10/23/92 by Hon. Marvin E. Aspen : Plaintiff's motion to release petitioner [5-1] and motion to set bail while case is pending [5-2] are denied as moot. Mailed notice (tlm) (Entered: 10/28/1992)

Oct. 23, 1992

Oct. 23, 1992

19

MEMORANDUM, OPINION, AND ORDER (tlm) (Entered: 10/28/1992)

Oct. 23, 1992

Oct. 23, 1992

20

ENTERED JUDGMENT (tlm) (Entered: 10/28/1992)

Oct. 23, 1992

Oct. 23, 1992

21

MINUTE ORDER of 10/23/92 by Hon. Marvin E. Aspen : Enter Memorandum Opinion and Order: Plaintiff has petitioned this court for a writ of habeas corpus. We find that there has been an "entry," and, therefore, that Kasbati is properly excludable under the Immigration and Nationality Act. Accordingly , his petition for a writ of habeas corpus is denied. Mailed notice (tlm) (Entered: 10/28/1992)

Oct. 23, 1992

Oct. 23, 1992

Case Details

State / Territory: Illinois

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Aug. 17, 1992

Closing Date: 1992

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An alien in the process of exclusionary proceedings for the INS petitioned for a writ of habeas corpus.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Immigration and Naturalization Service, Federal

Case Details

Causes of Action:

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Habeas Corpus

Immigration/Border:

Admission - criteria

Detention - procedures

Temporary protected status