Case: Contreras De Avila v. Bell

1:78-01166 | U.S. District Court for the Northern District of Illinois

Filed Date: March 29, 1978

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Case Summary

In 1978, a group of Mexican visa applicants filed a class action lawsuit in the U.S. District Court for the Northern District of Illinois, seeking recapture of visas allegedly incorrectly charged to the yearly quota for Mexico in fiscal year 1977. On May 18, 1979 the District Court (Judge Marshall) ruled that the State Department had incorrectly interpreted the 1976 amendments to the Immigration and Nationality Act and that 9,565 additional visas should be awarded to Mexican immigrants. Follow…

On May 18, 1979 the District Court (Judge Marshall) ruled that the State Department had incorrectly interpreted the 1976 amendments to the Immigration and Nationality Act and that 9,565 additional visas should be awarded to Mexican immigrants. Following class certification, the Court issued a temporary restraining order on December 21, 1979, modified January 18, 1980, enjoining the Immigration and Naturalization Service (INS) from deporting certain immigrants who may be entitled to recaptured visas. On February 27, 1980, the Court ordered that 9,041 visas would be issued to nonpreference visa applications and 524 to second preference applicants. It also issued a permanent injunction delaying deportation of nonpreference and second preference applications until all the visas are distributed. Contreras de Avila v. Bell, 1980 S Dist. LEXIS 10368 (N.D.I.L February 27, 1980).

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Summary Authors

Brian Ponton (8/22/2007)

Allison Hight (1/7/2016)