In 1975, two U.S. citizens who married alien citizens of Guyana, filed suit in the United States District Court for the Southern District of New York, challenging the INS procedure for determining whether to grant preferential status on the ground that said alien was an "immediate relative" of a U.S. citizen. Each plaintiff met his wife visiting the U.S. on a non-immigrant visas. The couples were married in civil ceremonies and each man filed a Form I-130 petition on behalf of his wife for designation as an "immediate relative," with consequent preferential immigration status. The INS investigated the I-130 petitions, referring one to criminal investigators and ruling unfavorably in the other. In their lawsuit, plaintiffs challenged the constitutionality of provisions of the Immigration and Nationality Act 8 U.S.C. §§ 1154, 1225 and 1357, regulations found in 8 C.F.R. §§ 103.2 and 204.1(a), and Form I-130. Plaintiffs sought declaratory and injunctive relief, as well as class certification. Plaintiffs also requested that a three-judge panel be convened to rule on their constitutional challenge to the federal statutes.

The INS moved to dismiss for lack of subject matter jurisdiction to exhaust administrative remedies.

The District Court (Judge Brieant) found that the court had jurisdiction over the matter and denied the request for a three-judge panel as the challenge asserted by plaintiffs was to the implementing regulations of Immigration and Nationality Act and Form I-130, not the Act itself. The Court denied the motion for class certification as premature, pending further discovery. The Court also denied plaintiffs' application for a preliminary injunction because neither of plaintiffs' wives was under immediate threat of deportation. Stokes v. U.S., Immigration and Naturalization Service, 393 F.Supp. 24 (D.C.N.Y. 1975).

We have no further information on the disposition of the case.

Dan Dalton - 10/23/2007


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