Filed Date: May 18, 1998
Closed Date: 2000
Clearinghouse coding complete
On May 18, 1998, three aliens from Mexico filed a class action suit in the U.S. District Court for the Northern District of Texas, alleging that the U.S. Attorney General violated a number of federal immigration statutes. Plaintiffs sought declaratory and injunctive relief requiring the Attorney General to "(a) allow them to remain in the United States, (b) issue work authorization and, when a visa is available to them (c) allow them to adjust status in the United States."
The government moved to dismiss on jurisdictional grounds and failure to state a claim.
On March 2, 1999, Magistrate Judge Paul Stickney issued a report which recommended that the defendant's motion to dismiss the case be granted, and that the plaintiff's complaint be dismissed. The District Court (Judge Jerry Buchmeyer) adopted the magistrate's recommendations and dismissed the case, stating that 8 U.S.C. § 1252(g) deprived the court of jurisdiction to review the case, and that plaintiffs had failed to state a legal basis for their claims. Plaintiffs appealed. The U.S. Court of Appeals for the Fifth Circuit (Judge W. Eugene Davis) affirmed. Cardoso v. Reno, 216 F.3d 512 (5th Cir. 2000).
Summary Authors
Erica Woodruff (8/3/2007)
Buchmeyer, Jerry (Texas)
Davis, W. Eugene (Louisiana)
Maldonado, Ernesto (Texas)
Evans, Richard M. (District of Columbia)
Guyton, Marion Edward (District of Columbia)
Buchmeyer, Jerry (Texas)
Davis, W. Eugene (Louisiana)
Politz, Henry Anthony (Louisiana)
Restani, Jane A. (New York)
Last updated March 30, 2024, 3:08 a.m.
State / Territory: Texas
Case Type(s):
Key Dates
Filing Date: May 18, 1998
Closing Date: 2000
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Three illegal aliens wanting the Attorney General to adjust their immigration status, permit them to remain in the U.S. and provide them with work authorization.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Denied
Defendants
Immigration & Naturalization Service, Federal
United States Department of Justice, Federal
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Immigration/Border: