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Case Name Kasbati v. District Director of INS IM-IL-0007
Docket / Court 1:92-cv-05522 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Immigration
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 ... read more >
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).

Erica Woodruff - 08/09/2007


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Issues and Causes of Action
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Issues
General
Habeas Corpus
Immigration
Admission - criteria
Detention - procedures
Temporary protected status
Plaintiff Type
State Plaintiff
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
Defendant(s) Immigration and Naturalization Service
Plaintiff Description An alien in the process of exclusionary proceedings for the INS petitioned for a writ of habeas corpus.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 1992
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)
1:92-cv-05522 (N.D. Ill.) 08/17/1992
IM-IL-0007-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion 10/23/1992 (805 F.Supp. 619) (N.D. Ill.)
IM-IL-0007-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Aspen, Marvin E. (N.D. Ill.)
IM-IL-0007-0001 | IM-IL-0007-9000
Monitors/Masters None on record
Plaintiff's Lawyers Larson, Keli Marquis (Illinois)
IM-IL-0007-0001 | IM-IL-0007-9000
Defendant's Lawyers Hoofnagle, James G Jr. (Illinois)
IM-IL-0007-0001 | IM-IL-0007-9000
Other Lawyers None on record

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