University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Aparcio v. Blakeway IM-TX-0009
Docket / Court SA-00-CV-434 ( W.D. Tex. )
State/Territory Texas
Case Type(s) Immigration and/or the Border
Case Summary
On April 14, 2000, three Mexican nationals who had applied for naturalization filed a class-action lawsuit against the Immigration and Naturalization Service (INS) in the U.S. District Court for the Western District of Texas, alleging that the INS improperly used and relied upon confidential ... read more >
On April 14, 2000, three Mexican nationals who had applied for naturalization filed a class-action lawsuit against the Immigration and Naturalization Service (INS) in the U.S. District Court for the Western District of Texas, alleging that the INS improperly used and relied upon confidential information taken from their prior applications made in the Special Agricultural Worker (SAW) program, 8 U.S.C. §§ 1160 et seq.

Under the SAW program, seasonal agricultural workers could apply for "temporary resident" immigration status during a specified eighteen-month period if they could prove both that they had resided in the U.S. and had performed "seasonal agricultural services" in the U.S. for at least 90 days during the period from May 1, 1985 to May 1, 1986. Thereafter, the temporary resident workers would automatically receive permanent resident status after a period of one or two years. The SAW program established that any information provided in the SAW application would be treated as confidential and could not be used by the INS in other proceedings.

Plaintiffs claimed that the government violated the confidentiality provision of the SAW program when Plaintiffs applied for naturalization years after applying for the SAW program. Each claimed that during their naturalization application process, the INS quizzed them extensively about their SAW status and reviewed confidential information from their SAW applications.

After filing the initial action, Plaintiffs moved for class certification and requested a preliminary injunction. The government moved to dismiss the case.

On August 31, 2000, the District Court (Judge Samuel Fred Biery, Jr.) granted the government's motion to dismiss and denied Plaintiffs' request for class certification and preliminary injunction. The Court determined that the plaintiffs' claims were unripe because they had not exhausted the statutory appeal procedures before filing suit. Plaintiffs appealed. The Fifth Circuit Court of Appeals affirmed. Aparicio v. Blakeway, 302 F.3d 438 (5th Cir. 2002).

Stephen Imm - 08/14/2007


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Issues and Causes of Action
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Issues
Immigration/Border
Admission - criteria
Constitutional rights
Employment
Status/Classification
Temporary foreign workers program
U.S. citizenship - acquiring
Work authorization - procedures
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Defendant(s) Immigration and Naturalization Service
Plaintiff Description Class of persons who received permanent resident status through the SAW program and who had applied for or would apply for naturalization through the San Antonio INS office.
Class action status sought Yes
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Case Closing Year 2002
Case Ongoing No
Additional Resources
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  SUMMARY:The Nationwide Perez-Fuñez Permanent Injunction Provisions for Unaccompanied Children in DHS Custody
www.nilc.org
Date: June 2014
By: National Immigration Law Center (National Immigration Law Center)
[ Detail ] [ External Link ]

Docket(s)
00-51133 (U.S. Court of Appeals)
IM-TX-0009-9000.pdf | Detail
Date: 09/01/2000
Source: PACER [Public Access to Court Electronic Records]
SA-00-CV-434-FB (W.D. Tex.)
IM-TX-0009-9001.pdf | Detail
Date: 10/28/2002
Source: PACER [Public Access to Court Electronic Records]
General Documents
Judgment [ECF# 34] (W.D. Tex.)
IM-TX-0009-0001.pdf | Detail
Date: 08/21/2000
Source: PACER [Public Access to Court Electronic Records]
Opinion (302 F.3d 437)
IM-TX-0009-0002.pdf | WESTLAW| LEXIS | Detail
Date: 08/15/2002
Source: Google Scholar
Judges Biery, Samuel Frederick Jr. (W.D. Tex.)
IM-TX-0009-0001 | IM-TX-0009-9001
DeMoss, Harold R. Jr. (Fifth Circuit)
IM-TX-0009-0002
Dennis, Don C Court not on record
IM-TX-0009-0002
Garwood, William Lockhart (Fifth Circuit)
IM-TX-0009-0002
Plaintiff's Lawyers Fischer, Robert Sheldon (Texas)
IM-TX-0009-0002
Fischer, Richard S. (Texas)
IM-TX-0009-9000 | IM-TX-0009-9001
Garcia, Carmen Ilene (Texas)
IM-TX-0009-0002 | IM-TX-0009-9000 | IM-TX-0009-9001
Hines, Barbara (Texas)
IM-TX-0009-0002 | IM-TX-0009-9000 | IM-TX-0009-9001
Kenney, Mary A (Texas)
IM-TX-0009-0002 | IM-TX-0009-9000 | IM-TX-0009-9001
Defendant's Lawyers Paniszczyn, John Francis (District of Columbia)
IM-TX-0009-0002 | IM-TX-0009-9000 | IM-TX-0009-9001
Reyna, Nelda C. (District of Columbia)
IM-TX-0009-0002 | IM-TX-0009-9000 | IM-TX-0009-9001

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