Filed Date: Sept. 10, 1982
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In 1982, foreign-born children of U.S. citizens brought a class action in the United States District Court for the District of Oregon, seeking declaratory and injunctive relief for alleged delays in processing N-600 applications for certificates of citizenship. Plaintiffs contended that the government unreasonably delayed their N-600 applications, sometimes for years, and as a result, they were denied public benefits and other rights of U.S. citizenship because they lacked the official proof of their citizenship. Plaintiffs claimed violations of the Administrative Procedure Act, 5 U.S.C. § 551 et seq.; the Immigration and Nationality Act of 1952, 8 U.S.C. § 1101 et seq.; and the Fifth Amendment Due Process Clause.
The government generally denied the allegations and claimed that any delays in adjudicating N-600 applications were caused by staffing shortages not within their control. The District Court initially certified the case as a class action and the parties then filed cross-motions for summary judgment
On April 19, 1985, the District Court (Judge Belloni), issued its ruling on the pending motions. The Court decertified the plaintiff class as to the claim that INS unreasonably delayed action on plaintiff's' N-600 applications, finding that there was not a common question of fact among the various plaintiffs. The Court granted summary judgment for plaintiffs on their claims that the government used improper procedures in processing N-600 applications. The government was ordered to notify applications when their applications were administratively closed and further ordered to publish the standards regarding the acceptable sources of proof necessary for N-600 applications to be approved. Fraga by and through Fraga v. Smith, 607 F.Supp. 517 (D.Or. 1985).
We have no further information on this case.
Summary Authors
Dan Dalton (12/5/2007)
Belloni, Robert Clinton (Oregon)
Dale, D Michael (Oregon)
Ginsburg, Richard (Oregon)
Casey, Craig J (Oregon)
Turner, Charles H (Oregon)
Belloni, Robert Clinton (Oregon)
Last updated March 24, 2024, 3:04 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Oregon
Case Type(s):
Key Dates
Filing Date: Sept. 10, 1982
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
Foreign-born children of U.S. citizens whose N-600 applications for certificates of citizenship have been pending for more than 90 days.
Plaintiff Type(s):
Public Interest Lawyer: Unknown
Filed Pro Se: Unknown
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
United States Department of Justice, Federal
United States Immigration and Naturalization Service, Federal
Case Details
Causes of Action:
Ex Parte Young (Federal) or Bivens
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Available Documents:
Outcome
Prevailing Party: Mixed
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Issues
General:
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Immigration/Border: