In 1979, five aliens of Mexican descent brought a class action lawsuit in the U.S. District Court for the Northern District of Illinois to challenge certain practices and procedures in the administration of the I-274 Voluntary Departure Program. Plaintiffs claimed that they were subjected to post-custodial interrogations in violation of the Fifth Amendment and the Immigration and Nationality Act, 8 U.S.C. § 1101.

Plaintiffs requested a preliminary injunction which request was referred to a Magistrate Judge (Judge Jurco) for the purpose of holding a hearing and then issuing a report and recommendation. Judge Jurco issued his report, recommending that the request for a preliminary injunction be denied. The District Court (Judge George N. Leighton) accepted the report and recommendation and denied the request for a preliminary injunction. The Court held that the INS did not subject undocumented alien detainees to further interrogation after the exercise of the right to counsel, nor did the INS deny undocumented aliens the right to retract their voluntary departure option or the right to a deportation hearing. Escamilla-Montoya v. Landon, 1982 U.S. Dist. LEXIS 13776 (N.D.Ill. 1982).

We have no further information on this case.

Stephen Imm - 08/23/2007


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