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Case Name Manwani v. U.S. Dept. of Justice IM-NC-0001
Docket / Court C-C-88-41-M ( W.D.N.C. )
State/Territory North Carolina
Case Type(s) Immigration
Attorney Organization ACLU Immigrants' Rights Project
Case Summary
In 1988, Katherina Manwani, a native-born citizen of the U.S., and her husband Prakash Manwani, a citizen of India and legal alien resident, brought suit in the U.S. District Court of North Carolina, challenging the constitutionality of section 5(b) of the Immigration Marriage Fraud Amendments of 19 ... read more >
In 1988, Katherina Manwani, a native-born citizen of the U.S., and her husband Prakash Manwani, a citizen of India and legal alien resident, brought suit in the U.S. District Court of North Carolina, challenging the constitutionality of section 5(b) of the Immigration Marriage Fraud Amendments of 1986, 8 U.S.C. § 1154(h), which imposed a mandatory two-year foreign residency requirement on all aliens entering into marriages with U.S. citizens while their deportation proceedings were pending.

The Manwanis began dating in 1984, when Mr. Manwani was legally in the U.S. In May 1986, the INS initiated deportation proceedings against Mr. Manwani because he overstayed his tourist visa. The couple was married in May 1987 and had a child on November 16, 1988. This suit followed.

The parties filed cross-motions for summary judgment. On April 23, 1990, the District Court (Judge James Bryan McMillan) issued detailed findings of fact and conclusions of law, entering judgment in favor of plaintiffs. Judge McMillan found that the section in question violated the Due Process and Equal Protection Clauses of the Fifth Amendment. Manwani v. U.S. Department of Justice, 736 F. Supp. 1367 (W.D.N.C. 1990).

We have no further information on this case.

Stephen Imm - 08/20/2007


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Issues and Causes of Action
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Issues
Discrimination-basis
Family discrimination
Immigration
Constitutional rights
Deportation - criteria
Deportation - procedure
Family
U.S. citizenship - acquiring
Plaintiff Type
Private Plaintiff
Causes of Action Bivens
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Defendant(s) Immigration and Naturalization Service
Plaintiff Description Mrs. Katherina Manwani, native born citizen of U.S. and Mr. Prakash Manwani, husband, who challenged constitutionality of a section 5(b) the of Immigration Marriage Fraud Amendments of 1986, 8 U.S.C. § 1154(h).
Indexed Lawyer Organizations ACLU Immigrants' Rights Project
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Unknown
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Case Closing Year 1990
Case Ongoing No
Docket(s)
No docket sheet currently in the collection
General Documents
Opinion (736 F.Supp. 1367) (W.D.N.C.)
IM-NC-0001-0001.pdf | WESTLAW| LEXIS | Detail
Date: 04/23/1990
Source: Google Scholar
Judges McMillan, James Bryan Court not on record
IM-NC-0001-0001
Plaintiff's Lawyers Gordan, Alan S. (North Carolina)
IM-NC-0001-0001
Guttentag, Lucas (New York)
IM-NC-0001-0001
Rabinovitz, Judy (New York)
IM-NC-0001-0001
Defendant's Lawyers Bernal, David V. (District of Columbia)
IM-NC-0001-0001
Lyons, Charles E. (District of Columbia)
IM-NC-0001-0001

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