Plaintiffs, Iranian nationals, brought suit in late 1979 or early 1980 in the U.S. District Court for the Northern District of California, challenging directive of the Acting Commissioner of the INS to revoke deferred departure dates the INS had previously granted to Iranian nationals. The lawsuit came in the wake of the Iranian hostage crisis which began on November 4, 1979, when Iranian militants stormed the U.S. Embassy in Tehran and took U.S. citizens hostage. In response, the U.S. government attempted to identify all Iranian students in the U.S. not in compliance with the terms of their entry visas, and commence deportation proceedings. All Iranian students were ordered to report within 30 days to their local INS office so their immigration status could be checked. The INS also rescinded a previously issued June 1980 deferred departure date for Iranians. Plaintiffs challenged the legality of the INS directive.

The District Court (Judge Robert H. Schnacke) certified a plaintiff class, over plaintiffs' objection, and then dismissed the entire action. Plaintiffs appealed and sought an injunction pending the appeal.

The Ninth Circuit Court of Appeals reversed, vacating the class certification and the dismissal and remanding the case for further proceedings as to the individual named plaintiffs. Yassini v. Crosland, 613 F.2d 219 (9th Cir. 1980).

On remand, the District Court rendered judgment for the INS, and one of the named plaintiffs appealed. The Ninth Circuit Court of Appeals affirmed, holding that the INS' revocation of deferred departure dates for Iranian nationals was a lawful act and a legitimate part of implementing the President's response to the Iranian hostage crisis. The Court further held that the INS' action did not violate due process, the Administrative Procedure Act or the Freedom of Information Act. Yassini v. Crosland, 618 F.2d 1356 (9th Cir. 1980).

We have no further information on this case.

Dan Dalton - 10/21/2007


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