Filed Date: July 18, 2002
Closed Date: 2007
Clearinghouse coding complete
On July 18, 2002, attorneys for the Midwest Immigration and Human Rights Center filed a class action lawsuit in United States District Court for the Northern District of Illinois, seeking habeas corpus relief for aliens who had been detained by the Bureau of Immigration and Customs Enforcement ("ICE") in the Chicago District who have been detained for over six months after a final order of deportation had been issued and there was no significant likelihood of their repatriation within the reasonably foreseeable future. Plaintiffs claimed that their indefinite detention violated procedural and substantive due process rights, as well as the parameters for detention set by the Supreme Court in Zadvydas v. Davis, 533 U.S. 678, 121 S.Ct. 2491, 150 L.Ed.2d 653 (2001).
The complaint was amended several times to substitute individuals as the named plaintiffs, representing the proposed class.
The government moved to dismiss the case.
On April 16, 2003, the District Court for (Judge James B. Zagel) dismissed two counts of plaintiffs' complaint as being moot, declined to issue a writ habeas corpus on three of the counts and denied the request to dismiss the remaining counts. Hmaidan v. Ashcroft, 258 F. Supp. 2d 832, 840 (N.D. IL 2003). Plaintiffs amended their complaint for a third time and then moved for class certification. The government moved to dismiss the amended complaint and opposed class certification. The Court (Judge Zagel) dismissed two counts of the amended complaint as being moot and granted class certification on the remaining claims. . Kazarov v. Achim, 2003 WL 22956006 (N.D. IL Dec. 12, 2003).
The case proceeded to trial before Judge Zagel on September 12 and 13, 2005. The parties submitted post trial briefs. On February 27, 2007, the District Court issued its findings of fact and conclusions of law and determined that neither the plaintiff class nor any of the individual representative plaintiffs were entitled to injunctive relief. Judgment was entered in favor of defendants. Kazarov v. Achim, 2007 WL 647453 (N.D. Ill. Feb. 27, 2007).
Summary Authors
Brian Ponton (8/30/2007)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5274907/parties/kazarov-v-ashcroft/
Hagerman, Douglas M. (Illinois)
Krebs, Thomas Paul (Illinois)
Lien, John Donovan (Illinois)
Relias, Anne G. (Illinois)
Entenman, Sheila McNulty (Illinois)
Zagel, James Block (Illinois)
See docket on RECAP: https://www.courtlistener.com/docket/5274907/kazarov-v-ashcroft/
Last updated March 26, 2024, 3:06 a.m.
State / Territory: Illinois
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: July 18, 2002
Closing Date: 2007
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Members of this class consist of aliens in the Chicago District who have been detained for over six months after a final order of deportation.
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Immigration and Naturalization Service (Washington), Federal
Bureau of Immigration and Customs Enforcement, Federal
Department of Justice , Federal
Department of Homeland Security, Federal
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Jails, Prisons, Detention Centers, and Other Institutions:
Immigration/Border: