In 1996, a group of aliens who were administratively denied legalization under either of two amnesty programs established by the Immigration Reform and Control Act of 1986 (''IRCA''), filed suit in the United States District Court for the Northern District of California, claiming entitlement to work authorization until the completion of judicial review of their deportation orders. The amnesty programs at issue were (1) for ''special agricultural workers'' (''SAWs''), 8 U.S.C. § 1160, and (2) for aliens who have resided in the United States since January 1, 1982, 8 U.S.C. § 1255a. While plaintiffs' applications were pending with the INS under these programs, they obtained temporary work permits. Once the INS denied their applications, it also refused to keep the work permits in force. Plaintiffs sought an injunction requiring the INS to issue work permits to plaintiffs until they fully exhausted judicial review of the INS' denial of their applications.

The District Court (Judge Martin J. Jenkins) issued an injunction requiring the government to issue work permits to the plaintiffs. Ortiz v. Meissner, 1998 WL 184335 (N.D.Cal. April 6, 1998) The government appealed.

The Ninth Circuit Court of Appeals (Circuit Judge Schroeder) held that Congress intended that the work authorization last only until the final administrative determination, but not through judicial review of subsequent deportation proceedings. The Court reversed the judgment, vacated the injunction, and remanded the case. Ortiz V. Meissner, 179 F.3d 718 (9th Cir. 1999). On remand, summary judgment was entered in favor of defendant. Olivares v. Meissner, 1999 WL 560942 (N.D.Cal. July 28, 1999).

Dan Dalton - 11/19/2007


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