University of Michigan Law School
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Case Name Noel v. Green IM-NY-0030
Docket / Court 73-Civ-3682 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Immigration and/or the Border
Case Summary
In 1974, two unadmitted Western Hemisphere aliens married to resident aliens filed suit in the United States District Court for the Southern District of New York in an attempt to stop their deportation. Plaintiffs contended that as spouses of resident aliens, they were treated differently than ... read more >
In 1974, two unadmitted Western Hemisphere aliens married to resident aliens filed suit in the United States District Court for the Southern District of New York in an attempt to stop their deportation. Plaintiffs contended that as spouses of resident aliens, they were treated differently than they would have been if they had married U.S. citizens. They alleged that the Immigration and Naturalization Service (INS) had an policy whereby unadmitted Western Hemisphere aliens married to American citizens could extend time for their voluntary departure until they could obtain visas, but that the INS did not maintain a similar policy for aliens who were married to resident aliens rather than citizens. Plaintiffs maintained that the policy violated equal protection and the Administrative Procedure Act. They requested a preliminary injunction and TRO.

The District Court (Judge Lee P. Gagliardi) refused to issue an injunction or TRO. Noel v. Green, 376 F.Supp. 1095 (S.D.N.Y. 1974). Plaintiffs appealed. The Court of Appeals (Circuit Judge Mulligan) affirmed, holding that plaintiffs, as unadmitted and non-resident aliens, had no constitutional right to enter and remain in the country and that their resident aliens spouses had no equal protection right to keep them here. Noel v. Chapman, 508 F.2d 1023 (2nd Cir. 1975) Certiorari was denied. Noel v. Chapman, 423 U.S. 824, 96 S.Ct. 37, 46 L.Ed.2d 40 (1975).

Dan Dalton - 12/04/2007


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Issues and Causes of Action
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Issues
Immigration
Constitutional rights
Family
Temporary protected status
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) Immigration and Naturalization Service (INS)
Plaintiff Description Unadmitted Western Hemisphere aliens married to resident aliens who were not allowed an extension of their voluntary departure until they could obtain visas
Class action status sought Yes
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Case Closing Year 1975
Case Ongoing No
Docket(s)
No docket sheet currently in the collection
General Documents
Opinion (376 F.Supp. 1095) (S.D.N.Y.)
IM-NY-0030-0001.pdf | WESTLAW| LEXIS | Detail
Date: 02/06/1974
Source: Google Scholar
[Appellate Opinion] (508 F.2d 1023)
IM-NY-0030-0002.pdf | WESTLAW| LEXIS | Detail
Date: 01/03/1975
Source: Google Scholar
[Denial of Writ of Certiorari] (423 U.S. 824)
IM-NY-0030-0003.pdf | WESTLAW| LEXIS | Detail
Date: 10/06/1975
Source: Westlaw
Judges Anderson, Robert Palmer Court not on record
IM-NY-0030-0002
Gagliardi, Lee Parsons Court not on record
IM-NY-0030-0001
Kaufman, Irving Robert Court not on record
IM-NY-0030-0002
Mulligan, William Hughes Court not on record
IM-NY-0030-0002
Plaintiff's Lawyers Fragomen, Austin T Jr. (New York)
IM-NY-0030-0001 | IM-NY-0030-0002
Friedman, Leon (New York)
IM-NY-0030-0002
Rothstein, Martin L (New York)
IM-NY-0030-0001 | IM-NY-0030-0002
Wulf, Melvin L. (New York)
IM-NY-0030-0002
Defendant's Lawyers Curran, Paul J. (New York)
IM-NY-0030-0001 | IM-NY-0030-0002
Maguire, Mary P. (New York)
IM-NY-0030-0002
Marro, Joseph P. (New York)
IM-NY-0030-0001
Morgan, Lydia E. (New York)
IM-NY-0030-0002
Wallenstein, Stanley H. (New York)
IM-NY-0030-0001

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