University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Kasbati v. District Director of INS IM-IL-0007
Docket / Court 1:92-cv-05522 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Immigration
Case Summary
On August 17, 1992, plaintiff Abdul Kasbati, an alien detained pending exclusionary proceedings, filed a petition for a writ of habeas corpus, in the U.S. District Court for the Northern District of Illinois. Kasbati was a native of Pakistan who resided in the U.S. since 1981. He was granted class ... read more >
On August 17, 1992, plaintiff Abdul Kasbati, an alien detained pending exclusionary proceedings, filed a petition for a writ of habeas corpus, in the U.S. District Court for the Northern District of Illinois. Kasbati was a native of Pakistan who resided in the U.S. since 1981. He was granted class membership in a class action lawsuit, Catholic Social Services v. Meese, 685 F.Supp. 1149 (E.D.Cal.1988), aff'd, CSS v. Thornburgh, 956 F.2d 914 (9th Cir.1992), which challenged the INS' implementation of the Amnesty Program. [See IM-CA-11 of this collection]. The plaintiff class in Catholic Social Services prevailed and Kasbati received a work authorization permit from the INS. He then applied for lawful temporary resident status pursuant to § 245A of the Immigration and Nationality Act.

Thereafter, Kasbati left the U.S. and returned to Pakistan to care for his sick sister. When he tried to return, he was denied entry back into the U.S. due to an expired work license. The INS held Kasbati and instituted exclusionary proceedings against him.

On October 23, 1992, defendants motioned to dismiss the petition for habeas corpus due to a lack of jurisdiction, or alternatively for summary judgment. On the same day, the District Court (Judge Aspen) denied the petition for a writ of habeas corpus, finding that there had been an "entry," and, therefore, that Kasbati was properly excludable under the Immigration and Nationality Act. Kasbati v. District Director of INS, 805 F.Supp. 619, 619 (N.D. Ill. 1992).

Erica Woodruff - 08/09/2007


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Issues and Causes of Action
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Issues
General
Habeas Corpus
Immigration
Admission - criteria
Detention - procedures
Temporary protected status
Plaintiff Type
State Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Defendant(s) Immigration and Naturalization Service
Plaintiff Description An alien in the process of exclusionary proceedings for the INS petitioned for a writ of habeas corpus.
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Case Closing Year 1992
Case Ongoing No
Docket(s)
1:92-cv-05522 (N.D. Ill.)
IM-IL-0007-9000.pdf | Detail
Date: 08/17/1992
Source: PACER [Public Access to Court Electronic Records]
General Documents
Opinion (805 F.Supp. 619) (N.D. Ill.)
IM-IL-0007-0001.pdf | WESTLAW| LEXIS | Detail
Date: 10/23/1992
Source: Google Scholar
Judges Aspen, Marvin E. (N.D. Ill.)
IM-IL-0007-0001 | IM-IL-0007-9000
Plaintiff's Lawyers Larson, Keli Marquis (Illinois)
IM-IL-0007-0001 | IM-IL-0007-9000
Defendant's Lawyers Hoofnagle, James G Jr. (Illinois)
IM-IL-0007-0001 | IM-IL-0007-9000

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