Filed Date: Aug. 11, 1972
Closed Date: May 14, 1973
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In 1973, attorney James Becket, the legal director of the American Civil Liberties Union Foundation, filed suit in the United States District Court for the Southern District of New York, challenging the INS practice of maintaining a check list ("lookout book") of names of individuals to be stopped by immigration officials if they attempt to gain entry into the United States. Becket claimed that he was stopped twice by immigration officials when attempting to return to the U.S. from Europe because his name appeared in the lookout book. Becket corresponded with the INS in an attempt to have his name removed from the lookout book and to learn why it was in there. The INS responded that it had removed Becket's name, but would not disclose other information requested. This suit followed. Becket alleged that the existence and use of the lookout book violated the First, Fourth, Fifth, Ninth and Fourteenth Amendments and the Administrative Procedures Act; 5 U.S.C. §§ 701-706. He sought declaratory and injunctive relief, "declaring the invalidity of and enjoining the defendants from maintaining the listing of his name and additional information concerning him and his First Amendment activities in a checklist maintained by them at all points of entry into the United States." Plaintiff also sought class certification.
The government moved to dismiss the case or for judgment on the pleadings. It contended that the plaintiff was the victim of misidentification and that his name was removed from the "lookout book." As such, the government maintained that plaintiff had no standing to pursue the case.
On May 14, 1973, the District Court (Judge Gurfein) dismissed the case, holding that plaintiff's individual claim was moot. Becket v. Marks, 358 F.Supp. 1180 (S.D.N.Y. 1973).
Summary Authors
Dan Dalton (11/4/2007)
Gurfein, Murray Irwin (New York)
Rosen, Sanford Jay (California)
Wulf, Melvin L. (New York)
Seymour, Whitney North (New York)
Wallenstein, Stanley H. (New York)
Gurfein, Murray Irwin (New York)
Last updated March 12, 2024, 3:04 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: New York
Case Type(s):
Key Dates
Filing Date: Aug. 11, 1972
Closing Date: May 14, 1973
Case Ongoing: No
Plaintiffs
Plaintiff Description:
All citizens whose names appear on the INS "lookout book" and for whom there was no federal arrest warrant, indictment or information, nor any court order in connection with bail, parole or probation.
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Denied
Defendants
Immigration and Naturalization Service, Federal
Case Details
Causes of Action:
Ex Parte Young (Federal) or Bivens
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Immigration/Border: