This case involves two consolidated actions, Yanira Pena and Claudia Pena v. INS, CV 81-1932, and Jose Antonio Perez-Funez v. INS, CV 81-1457, in which plaintiffs filed separate lawsuits in the United States District Court for the Central District of California, challenging the manner in which the ...
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This case involves two consolidated actions, Yanira Pena and Claudia Pena v. INS, CV 81-1932, and Jose Antonio Perez-Funez v. INS, CV 81-1457, in which plaintiffs filed separate lawsuits in the United States District Court for the Central District of California, challenging the manner in which the INS implemented its voluntary departure procedure with respect to unaccompanied minor aliens in its custody. Plaintiffs, who were represented by the ACLU Foundation of Southern California and the National Lawyers Guild-Southern California Chapter, claimed that the INS procedures violated the Due Process Clause of the Fifth Amendment and sought an injunction to prohibit the INS from instituting voluntary departure proceedings against any unaccompanied minor until the minor was appointed an attorney and then produced before an immigration judge.
The District Court certified the consolidated case as a class action, with the class consisting of all unaccompanied minor aliens who were, or would in future be, taken into custody by INS agents. The Court issued a preliminary injunction prohibiting the INS from removing unaccompanied minor aliens pursuant to voluntary departure process without first assuring that they were advised of and understood alternatives to voluntary departure. The Court refused to require the mandatory appointment of counsel, as requested by plaintiffs. Perez-Funez v. District Director, I.N.S., 611 F.Supp. 990 (C.D.Cal. 1984). Attached to the Court's preliminary injunction were examples of proper notice of rights forms to be provided to minor detainees.
Following a hearing on the merits, the District Court determined that the INS procedures violated the due process rights of the plaintiff class. The Court made its preliminary injunction permanent with some modifications, which included requiring the INS to provide telephone access and a list of free legal services to class members and ensure that each had communicated, with a parent, close adult relative, friend, or with an attorney. Perez-Funez v. District Director, I.N.S., 619 F.Supp. 656 (C.D.Cal. 1985).
We have no further information on this case.Dan Dalton - 12/03/2007