Filed Date: Nov. 18, 1976
Closed Date: 1979
Clearinghouse coding complete
On November 18, 1976, a class of visa applicants from Western Hemisphere countries whose applications were filed between July 1, 1968, and December 31, 1976, but had not yet been processed, brought suit in the United States District Court for the Northern District of Illinois, challenging policies of the Immigration and Naturalization Service in processing their applications. Plaintiffs alleged that the INS unlawfully charged visa numbers that were issued to Cuban refugees who were granted permanent resident status pursuant to the Cuban Adjustment Act of 1966 against the annual Western Hemisphere numerical limitation.
In 1976, shortly before the filing of the lawsuit, the Justice Department issued a memorandum that stated "Cuban refugees whose status is adjusted to that of alien admitted for permanent residence are not to be counted against the Western Hemisphere quota." This suit followed.
The District Court (John F. Grady) entered judgment in favor of plaintiffs, finding that the INS' unlawful charging policy violated the Fifth Amendment rights of plaintiffs and ordering that visa numbers they erroneously charged against the Western Hemisphere quota should be allocated among the applicants on the waiting list, chronologically without regard to national origin. The government appealed. The Seventh Circuit Court of Appeals (Circuit Judge Tone) reversed in part and remanded, holding that that the charged visa numbers should be allocated among the Western Hemisphere applicants on the waiting list in accordance with historical immigration patterns for countries involved and not chronologically. Silva v. Bell, 605 F.2d 978 (7th Cir. 1979).
Summary Authors
Dan Dalton (12/5/2007)
Campbell, William Joseph (Illinois)
Cummings, Walter Joseph (Illinois)
Grady, John Francis (Illinois)
Goldsmith, Bruce (Illinois)
Filppu, Lauri Steven (District of Columbia)
Campbell, William Joseph (Illinois)
Cummings, Walter Joseph (Illinois)
Grady, John Francis (Illinois)
Tone, Philip Willis (Illinois)
Last updated Feb. 21, 2024, 3:01 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Illinois
Case Type(s):
Key Dates
Filing Date: Nov. 18, 1976
Closing Date: 1979
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A class of visa applicants from Western Hemisphere countries whose applications were filed between July 1, 1968, and December 31, 1976, but have not yet been processed.
Plaintiff Type(s):
Public Interest Lawyer: Unknown
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Immigration and Naturalization Service, Federal
United States Attorney General, Federal
Case Details
Causes of Action:
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Mixed
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Issues
Immigration/Border: