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Case Name Kazarov v. Achim IM-IL-0008
Docket / Court No. 02-C-5097 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Immigration
Case Summary
On July 18, 2002, attorneys for the Midwest Immigration and Human Rights Center filed a class action lawsuit in United States District Court for the Northern District of Illinois, seeking habeas corpus relief for aliens who had been detained by the Bureau of Immigration and Customs Enforcement (" ... read more >
On July 18, 2002, attorneys for the Midwest Immigration and Human Rights Center filed a class action lawsuit in United States District Court for the Northern District of Illinois, seeking habeas corpus relief for aliens who had been detained by the Bureau of Immigration and Customs Enforcement ("ICE") in the Chicago District who have been detained for over six months after a final order of deportation had been issued and there was no significant likelihood of their repatriation within the reasonably foreseeable future. Plaintiffs claimed that their indefinite detention violated procedural and substantive due process rights, as well as the parameters for detention set by the Supreme Court in Zadvydas v. Davis, 533 U.S. 678, 121 S.Ct. 2491, 150 L.Ed.2d 653 (2001).

The complaint was amended several times to substitute individuals as the named plaintiffs, representing the proposed class.

The government moved to dismiss the case.

On April 16, 2003, the District Court for (Judge James B. Zagel) dismissed two counts of plaintiffs' complaint as being moot, declined to issue a writ habeas corpus on three of the counts and denied the request to dismiss the remaining counts. Hmaidan v. Ashcroft, 258 F. Supp. 2d 832, 840 (N.D. IL 2003). Plaintiffs amended their complaint for a third time and then moved for class certification. The government moved to dismiss the amended complaint and opposed class certification. The Court (Judge Zagel) dismissed two counts of the amended complaint as being moot and granted class certification on the remaining claims. . Kazarov v. Achim, 2003 WL 22956006 (N.D. IL Dec. 12, 2003).

The case proceeded to trial before Judge Zagel on September 12 and 13, 2005. The parties submitted post trial briefs. On February 27, 2007, the District Court issued its findings of fact and conclusions of law and determined that neither the plaintiff class nor any of the individual representative plaintiffs were entitled to injunctive relief. Judgment was entered in favor of defendants. Kazarov v. Achim, 2007 WL 647453 (N.D. Ill. Feb. 27, 2007).

Brian Ponton - 08/30/2007


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Issues and Causes of Action
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Issues
General
Habeas Corpus
Immigration
Constitutional rights
Deportation - procedure
Detention - conditions
Detention - procedures
Plaintiff Type
Private Plaintiff
Causes of Action Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) Bureau of Immigration and Customs Enforcement
Department of Homeland Security
Department of Justice
Immigration and Naturalization Service
Plaintiff Description Members of this class consist of aliens in the Chicago District who have been detained for over six months after a final order of deportation.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2007
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-05097 (N.D. Ill.) 07/18/2002
IM-IL-0008-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Petition for Habeas Corpus & Complaint 07/18/2002
IM-IL-0008-0003.pdf | Detail
Amended Complaint 09/10/2002
IM-IL-0008-0004.pdf | Detail
Opinion 04/16/2003 (258 F.Supp.2d 832) (N.D. Ill.)
IM-IL-0008-0005.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Respondents' Memorandum Opposing Petitioners' Motion for Class Certification 10/30/2003
IM-IL-0008-0001.pdf | Detail
Petitioners Reply to Respondents' Memorandum Opposing Petitioners' Motion for Class Certification 11/19/2003
IM-IL-0008-0002.pdf | Detail
Opinion 12/12/2003 (2003 WL 22956006) (N.D. Ill.)
IM-IL-0008-0006.pdf | WESTLAW | Detail
Opinion 02/27/2007 (2007 WL 647453) (N.D. Ill.)
IM-IL-0008-0007.pdf | WESTLAW | Detail
Judges Zagel, James Block (FISC, N.D. Ill.)
IM-IL-0008-0005 | IM-IL-0008-0006 | IM-IL-0008-0007 | IM-IL-0008-9000
Monitors/Masters None on record
Plaintiff's Lawyers Hagerman, Douglas M. (Illinois)
IM-IL-0008-0002 | IM-IL-0008-0004 | IM-IL-0008-0005 | IM-IL-0008-0006 | IM-IL-0008-9000
Krebs, Thomas Paul (Illinois)
IM-IL-0008-0002 | IM-IL-0008-0005 | IM-IL-0008-0006 | IM-IL-0008-9000
Lien, John Donovan (Illinois)
IM-IL-0008-0007 | IM-IL-0008-9000
Relias, Anne G. (Illinois)
IM-IL-0008-0002 | IM-IL-0008-0003 | IM-IL-0008-0004 | IM-IL-0008-0005 | IM-IL-0008-0006 | IM-IL-0008-9000
Roth, Charles G. (Illinois)
IM-IL-0008-0002 | IM-IL-0008-0003 | IM-IL-0008-0004 | IM-IL-0008-0005 | IM-IL-0008-0006 | IM-IL-0008-9000
Smith, Michael D. (Illinois)
IM-IL-0008-0002
Soble, Jeffrey Andrew (Illinois)
IM-IL-0008-0004 | IM-IL-0008-0005 | IM-IL-0008-0006 | IM-IL-0008-9000
Werner, Christopher J. (Illinois)
IM-IL-0008-0002 | IM-IL-0008-0005 | IM-IL-0008-0006 | IM-IL-0008-0007 | IM-IL-0008-9000
Zollett, Andrea Kathleen (Illinois)
IM-IL-0008-0007 | IM-IL-0008-9000
Defendant's Lawyers Entenman, Sheila McNulty (Illinois)
IM-IL-0008-0001 | IM-IL-0008-0006
Other Lawyers None on record

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