Case: Barahona-Gomez v. Reno

4:97-cv-00895 | U.S. District Court for the Northern District of California

Filed Date: March 14, 1997

Closed Date: 2006

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Case Summary

On March 14, 1997, the National Immigration Law Center, the Lawyers Committee For Civil Rights of San Francisco Bay Area and cooperating counsel filed a class action lawsuit in U.S. District Court for the Northern District of California, challenging directives of Executive Office for Immigration Review officials which implemented the Section 309(c) (5) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). When the IIRIRA took effect on April 1, 1997, it made ali…

When the IIRIRA took effect on April 1, 1997, it made aliens ineligible for suspension of deportation proceedings unless they had been continuously physically present in the United States for a period of seven (7) years at the time that they were served with the initial notice to appear for deportation proceedings. The IIRIRA also imposed a 4,000 person annual cap on the number of suspensions of deportation that could be granted. Thus, after April 1, 1997, some aliens who had satisfied the 7 year continuous physical presence requirement were no longer eligible for suspension of deportation because the time period was calculated differently. Also, because of the 4000 annual limit, many applicants would have qualified for deportation suspension prior to the April 1, 1997 law change, would be deported.

In anticipation of the IIRIRA taking effect, Immigration Review officials issued directives which prohibited immigration judges and the Board of Immigration Appeals from granting suspension of deportation during the period between February 13 and April 1, 1997.) Plaintiffs challenged those directives and sought injunctive relief, as well as class certification.

Following a hearing on March 27, 1997, the District Court (Judge Claudia Wilken) provisionally certified a class of individuals who may have been ordered deported after being denied suspension based on IIRIRA section 309(c)(5) and entered a preliminary injunction which stayed the deportation of all class members.

After IIRIRA took effect on April 1, 1997, the government moved to vacate the preliminary injunction on the basis that the district court had lost subject matter jurisdiction pursuant to the provisions of the IIRIRA. The motion to dismiss was denied and the defendants appealed. The District Court modified the preliminary injunction on September 17, 1997, over the objection of defendants. That order was also appealed.

The Ninth Circuit Court of Appeals (Circuit Judge Thomas) affirmed. Barahona-Gomez v. Reno, 167 F.3d 1228 (9th Cir. 1999). The case was remanded for further proceedings and for reexamination in light of the Nicaraguan Adjustment and Central American Relief Act ("NACARA"), which was passed while the case was on appeal. The NACARA amended Section 309(c)(5) of the IIRIRA and created special rules regarding applications for suspension of deportation by certain citizens of Guatemala, El Salvador, and certain former Soviet countries.

After the appellate decision, the Supreme Court issued its opinion in Reno v. American-Arab Anti-Discrimination Committee, 525 U.S. 471, 119 S.Ct. 936, 142 L.Ed.2d 940 (1999) [IM-CA-22] (examining the exclusive jurisdiction clause of IIRIRA). The Ninth Circuit requesting supplemental briefing from the parties to address what impact, if any, the Supreme Court decision had on the case. The Ninth Circuit issued a supplemental opinion, reaffirming the case and holding that that exclusive jurisdiction provision of IIRIRA did not deprive the district court of jurisdiction. Barahona-Gomez v. Reno, 236 F.3d 1115 (9th Cir. 2001).

After the appeals process, the parties engaged in settlement negotiations. A settlement was reached and was submitted to the Court for approval. Following notice to the class members and a fairness hearing, the District Court (Judge Wilken) approved the class action settlement by order dated December 12, 2002. Under the terms of the settlement, eligible class members who could have been granted suspension during the period between Feb. 13 and Apr. 1, 1997, before the IIRIRA took effect, were to be given the opportunity to apply for "renewed suspension" under the standards that existed prior to Apr. 1, 1997.

Summary Authors

Dan Dalton (11/13/2007)

People

Judge(s)

Hall, Cynthia Holcomb (California)

Attorney for Plaintiff

Joaquin, Linton (California)

Attorney for Defendant

Burton, Jocelyn (California)

Gluck, Michelle (District of Columbia)

Hunger, Frank W. (District of Columbia)

Judge(s)

Hall, Cynthia Holcomb (California)

Thomas, Sidney Runyan (Montana)

Whaley, Robert H. (Washington)

Wilken, Claudia Ann (California)

Attorney for Plaintiff

Joaquin, Linton (California)

Jobe, Robert B. (California)

Nightingale, Zachary M. (California)

Rubin, Robert J. (California)

Ungar, Don (California)

Van Der Hout, Marc (California)

Attorney for Defendant

Burton, Jocelyn (California)

Gluck, Michelle (District of Columbia)

Hunger, Frank W. (District of Columbia)

Kamlet, Susan L. (District of Columbia)

McConnell, David M. (District of Columbia)

Documents in the Clearinghouse

Documents in this case

4:97-cv-00895	Docket [PACER]	Oct. 18, 2006	Oct. 18, 2006 Docket
97-15952 97-01715	Opinion U.S. Court of Appeals for the Ninth Circuit	Feb. 11, 1999	Feb. 11, 1999 Order/Opinion 167 F.3d 1228
97-15952 97-17156	Opinion U.S. Court of Appeals for the Ninth Circuit	Jan. 10, 2001	Jan. 10, 2001 Order/Opinion 236 F.3d 1115
4:97-cv-00895	Notice of Proposed Settlement of Class Action Case Barahona-Gomez v. Ashcroft No Court	Sept. 13, 2002	Sept. 13, 2002 Pleading / Motion / Brief
4:97-cv-00895	Class Action Settlement Advisory Statement Barahona-Gomez v. Ashcroft No Court	Oct. 1, 2002	Oct. 1, 2002 Press Release
156 4:97-cv-00895	Settlement Agreement Barahona-Gomez v. Ashcroft	Dec. 18, 2002	Dec. 18, 2002 Settlement Agreement

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Docket

Last updated March 23, 2025, 9:24 a.m.

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ECF Number	Date	Description	Link
1	March 14, 1997	COMPLAINT: Summons(es) issued; Fee status pd entered on 3/14/97 in the amount of $ 150.00 ( Receipt No. 126664) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/19/1997)	PACER
3	March 14, 1997	MOTION before Judge Claudia Wilken by Plaintiff for temporary restraining order , and for order to show cause re: preliminary injunction [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/19/1997)	PACER
4	March 14, 1997	DECLARATION by Zachary M. Nightengale on behalf of Plaintiff re motion for temporary restraining order [3-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/19/1997)	PACER
5	March 14, 1997	MOTION before Judge Claudia Wilken by Plaintiff to exceed page limitation for points & authorities in support of application for tro [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/19/1997)	PACER
6	March 14, 1997	PROOF OF SERVICE by Plaintiff of document received [0-0], motion to exceed page limitation for points & authorities in support of application for tro [5-1], declaration [4-1], motion for temporary restraining order [3-1], motion for order to show cause re: preliminary injunction [3-2], schedule order [2-1], complaint [1-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/19/1997)	PACER
	March 14, 1997	RECEIVED points & authorities in support of application for tro and order to show submitted by Plaintiffs re: [5-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/19/1997)	PACER
7	March 17, 1997	DECLARATION by Susan L. Kamlet on behalf of defendants [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/19/1997)	PACER
8	March 18, 1997	Motion and ORDER by Judge Claudia Wilken to exceed page limitation on defendant's opposition to plaintiffs' motion for tro Date Entered: 3/20/97) (cc: all counsel) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/20/1997)	PACER
9	March 18, 1997	OPPOSITION by defendants to motion for temporary restraining order [3-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/20/1997)	PACER
10	March 19, 1997	AMENDMENT by Plaintiffs to motion for temporary restraining order [3-1], motion for order to show cause re: preliminary injunction [3-2] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/21/1997)	PACER
11	March 19, 1997	AMENDED COMPLAINT [1-1] by Plaintiffs; adding Marta Aguilar [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/21/1997)	PACER
12	March 19, 1997	PROOF OF SERVICE by Plaintiffs of complaint [11-1], amend [10-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/21/1997)	PACER
13	March 19, 1997	EX-PARTE APPLICATION before Judge Claudia Wilken by Plaintiffs for class certification [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/21/1997)	PACER
16	March 19, 1997	Motion and ORDER by Judge Claudia Wilken to accept late filing of plaintiffs' reply brief in support of application for temporary order ( Date Entered: 3/26/97) (cc: all counsel) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/26/1997)	PACER
17	March 19, 1997	REPLY by Plaintiffs re motion for temporary restraining order [3-1], re motion for order to show cause re: preliminary injunction [3-2] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/26/1997)	PACER
15	March 21, 1997	ORDER by Judge Claudia Wilken granting motion for temporary restraining order [3-1], granting motion for order to show cause re: preliminary injunction [3-2] Order to Show Cause hearing set for 2:00 3/26/97 ; ( Date Entered: 3/24/97) (cc: all counsel) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/24/1997)	PACER
18	March 25, 1997	MOTION before Judge Claudia Wilken by defendant to exceed page limitation on opposition to plaintiffs' request for provisional calss certification with Notice set for 3/27/97 at 10:00am [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/28/1997)	PACER
19	March 25, 1997	AMENDMENT by Plaintiff to motion for class certification [13-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/28/1997)	PACER
20	March 25, 1997	DECLARATION by Marc Van Der Hout on behalf of Plaintiffs [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/28/1997)	PACER
21	March 25, 1997	DECLARATION by Donald Ungar on behalf of Plaintiffs [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/28/1997)	PACER
22	March 25, 1997	MOTION before Judge Claudia Wilken by Plaintiff to exceed page limitation for points & authorities in support of exparte motion for class certification with Notice set for [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/28/1997)	PACER
23	March 25, 1997	NOTICE by Plaintiffs of filing of declaration of Robert B. Jobe [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/28/1997)	PACER
24	March 25, 1997	DECLARATION by Robert B. Jobe on behalf of Plaintiffs [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/28/1997)	PACER
25	March 25, 1997	PROOF OF SERVICE by Plaintiffs of declaration [24-1], notice [23-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/28/1997)	PACER
26	March 25, 1997	PROOF OF SERVICE by Plaintiffs of 1st amended exparte request for class certification (see document for more) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/28/1997)	PACER
27	March 26, 1997	EX-PARTE APPLICATION before Judge Claudia Wilken by Plaintiff to amend temporary restraining order to include plaintiff Marta Aguilar [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/01/1997)	PACER
28	March 26, 1997	REPLY by Plaintiffs to opposition to motion for class certification [13-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/01/1997)	PACER
29	March 26, 1997	RESPONSE by Plaintiffs re order [15-2], re opposition [9-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/01/1997)	PACER
30	March 26, 1997	PROOF OF SERVICE by Plaintiff of motion to amend temporary restraining order to include plaintiff Marta Aguilar [27-1], motion reply [28-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/01/1997)	PACER
32	March 26, 1997	OPPOSITION by defendants to motion for class certification [13-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/01/1997)	PACER
38	March 26, 1997	MEMORANDUM by Plaintiff in support of motion for class certification [13-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/02/1997)	PACER
33	March 27, 1997	MINUTES: ( C/R Carol Karen) that the motion for class certification [13-1] is submitted, that the motion for order to show cause re: preliminary injunction [3-2] is submitted [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/01/1997)	PACER
34	March 27, 1997	ORDER by Judge Claudia Wilken granting motion to amend temporary restraining order to include plaintiff Marta Aguilar [27-1] ( Date Entered: 4/1/97) (cc: all counsel) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/01/1997)	PACER
35	March 27, 1997	ORDER by Judge Claudia Wilken extending temporary restraining order to remain in effect pending futher order of this court, for a period not to exceed ten court days from the entry of the temporary restraining order ( Date Entered: 4/1/97) (cc: all counsel) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/01/1997)	PACER
36	March 28, 1997	ORDER by Judge Claudia Wilken granting in part motion for class certification [13-1]; granting in part motion for preliminary injunction; denying request for a stay pending appeal; plaintiffs shall post $1,000 bond for the preliminary injunction ( Date Entered: 4/1/97) (cc: all counsel) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/01/1997)	PACER
37	March 28, 1997	NOTICE by defendant of defendants' filing of original declarations [4:97-cv-00895] (kk, COURT STAFF) (Entered: 04/01/1997)	PACER
39	April 3, 1997	MOTION before Judge Claudia Wilken by defendants to vacate injunction and to dismiss complaint for lack of jurisdiction with Notice set for 4/25/97 at 10:30am [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/03/1997)	PACER
40	April 7, 1997	STIPULATION and ORDER by Judge Claudia Wilken : to shorten time for briefing and hearing on motion to amend injunction and on motion to vacate injunction and to dismiss complaint for lack of jurisdiction [39-1] to 4/25/97 at 10:30am (cc: all counsel) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/08/1997)	PACER
41	April 8, 1997	MOTION before Judge Claudia Wilken by Plaintiff to amend preliminary injunction with Notice set for 4/25/97 at 10:30am [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/09/1997)	PACER
42	April 8, 1997	MEMORANDUM by Plaintiffs in support of motion to amend preliminary injunction [41-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/09/1997)	PACER
43	April 8, 1997	PROOF OF SERVICE by Plaintiffs of memorandum [42-1], motion to amend preliminary injunction [41-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/09/1997)	PACER
45	April 14, 1997	MOTION before Judge Claudia Wilken by Plaintiff to exceed page limitation re: opposition to defendants' mtoion to vacate and dismiss [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/15/1997)	PACER
46	April 14, 1997	PROOF OF SERVICE by Plaintiffs of motion to exceed page limitation re: opposition to defendants' mtoion to vacate and dismiss [45-1] and opposition to motion to vacate and dismiss [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/15/1997)	PACER
47	April 14, 1997	OPPOSITION by defendants to motion to amend preliminary injunction [41-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/15/1997)	PACER
48	April 16, 1997	ORDER by Judge Claudia Wilken granting motion to exceed page limitation re: opposition to defendants' motion to vacate and dismiss [45-1] ( Date Entered: 4/17/97) (cc: all counsel) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/17/1997)	PACER
49	April 16, 1997	OPPOSITION by Plaintiffs to motion to vacate injunction and to dismiss complaint for lack of jurisdiction [39-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/17/1997)	PACER
50	April 18, 1997	MOTION before Judge Claudia Wilken by Plaintiff to exceed page limitation on reply in support of motion to amend preliminary injunction [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/22/1997)	PACER
53	April 18, 1997	PROOF OF SERVICE by Plaintiffs of motion reply [52-1], order [51-1], motion to exceed page limitation on reply in support of motion to amend preliminary injunction [50-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/22/1997)	PACER
54	April 18, 1997	PROOF OF SERVICE by Plaintiffs of order [48-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/22/1997)	PACER
51	April 21, 1997	ORDER by Judge Claudia Wilken granting motion to exceed page limitation on reply in support of motion to amend preliminary injunction [50-1] ( Date Entered: 4/22/97) (cc: all counsel) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/22/1997)	PACER
52	April 21, 1997	REPLY by Plaintiffs to motion to amend preliminary injunction [41-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/22/1997)	PACER
55	April 21, 1997	MOTION before Judge Claudia Wilken by defendants to exceed page limitation re: reply memorandum in support of motion to vacate injunction and dismiss complaint with Notice set for 4/25/97 at 10:30am [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/22/1997)	PACER
56	April 21, 1997	ORDER by Judge Claudia Wilken granting motion to exceed page limitation re: reply memorandum in support of motion to vacate injunction and dismiss complaint [55-1] ( Date Entered: 4/28/97) (cc: all counsel) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/28/1997)	PACER
57	April 21, 1997	REPLY by defendant Janet Reno, defendant Executive Office, defendant Michael Creppy, defendant Paul Schmidt to opposition to motion to vacate injunction and to dismiss complaint for lack of jurisdiction [39-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 04/28/1997)	PACER
58	April 25, 1997	NOTICE by Plaintiffs of posting bond [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/02/1997)	PACER
59	April 25, 1997	PROOF OF SERVICE by Plaintiff of notice [58-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/02/1997)	PACER
61	April 25, 1997	MINUTES: ( C/R Carol Karen) that the motion to amend preliminary injunction [41-1] is submitted, denying motion to vacate injunction and to dismiss complaint for lack of jurisdiction [39-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/05/1997)	PACER
60	April 28, 1997	PROOF OF SERVICE by defendant of order [56-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/02/1997)	PACER
71	May 2, 1997	EX-PARTE APPLICATION before Judge Claudia Wilken by defendant for leave to file statement of recent decision [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/28/1997)	PACER
62	May 7, 1997	ORDER by Judge Claudia Wilken granting motion to vacate injunction and to dismiss complaint for lack of jurisdiction [39-1] ( Date Entered: 5/7/97) (cc: all counsel) [4:97-cv-00895] (oh, COURT STAFF) (Entered: 05/12/1997)	PACER
72	May 7, 1997	LETTER from David M. McConnell re: ninth circuit decision [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/28/1997)	PACER
63	May 9, 1997	ORDER by Judge Claudia Wilken Ruling on motion to amend preliminary injunction [41-1] is deferred; DENYING motion to vacate injunction and to dismiss complaint for lack of jurisdiction [39-1]; ( Date Entered: 5/13/97) (cc: all counsel) [4:97-cv-00895] (kc, COURT STAFF) (Entered: 05/13/1997)	PACER
64	May 13, 1997	REPORTER'S TRANSCRIPT; Date of proceedings: 4/25/97 ( C/R: Carol A. Karen) minutes [61-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/14/1997)	PACER
65	May 20, 1997	STIPULATION and ORDER by Judge Claudia Wilken : continuing case management conference for 1:30 6/27/97 ; (cc: all counsel) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/22/1997)	PACER
66	May 23, 1997	SUBMISSION by Plaintiffs re: proposed modification of injunction pursuant to the court's order of 5/9/97 [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/28/1997)	PACER
67	May 23, 1997	PROOF OF SERVICE by Plaintiff of submission [66-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/28/1997)	PACER
68	May 23, 1997	ANSWER by defendants to complaint [11-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/28/1997)	PACER
69	May 23, 1997	PROPOSED AMENDMENT by defendants to preliminary injunction [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/28/1997)	PACER
70	May 23, 1997	NOTICE OF APPEAL by defendants from Dist. Court decision order [63-1], order [36-1] Fee status exempt [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/28/1997)	PACER
73	May 27, 1997	JOINT MOTION before Judge Claudia Wilken by Plaintiff, defendant to accept late filing of joint submission [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/29/1997)	PACER
	May 27, 1997	RECEIVED JOINT SUBMISSION submitted by Plaintiff, defendant [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/29/1997)	PACER
	May 27, 1997	RECEIVED proposed order submitted by Plaintiff re: [73-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/29/1997)	PACER
74	May 28, 1997	ORDER by Judge Claudia Wilken granting motion to accept late filing of joint submission [73-1] ( Date Entered: 6/3/97) (cc: all counsel) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 06/03/1997)	PACER
75	May 28, 1997	JOINT SUBMISSION pursuant to court's 5/9/97 order [4:97-cv-00895] (cp, COURT STAFF) (Entered: 06/03/1997)	PACER
	May 28, 1997	Docket fee notification form and case information sheet to USCA [70-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/28/1997)	PACER
	May 28, 1997	Copy of notice of appeal and docket sheet to all counsel [4:97-cv-00895] (cp, COURT STAFF) (Entered: 05/28/1997)	PACER
76	May 30, 1997	OPPOSITION by Plaintiffs to amendments to preliminary injunction [69-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 06/03/1997)	PACER
77	May 30, 1997	OPPOSITION by defendants to motion to amend preliminary injunction [41-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 06/03/1997)	PACER
78	May 30, 1997	PROOF OF SERVICE by Plaintiff of opposition [76-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 06/03/1997)	PACER
79	May 30, 1997	TRANSCRIPT DESIGNATION and Ordering Form filed by defendants; not designating transcripts ; appeal [70-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 06/03/1997)	PACER
80	June 2, 1997	STATEMENT of issues to be presented on appeal by defendants [4:97-cv-00895] (cp, COURT STAFF) (Entered: 06/04/1997)	PACER
81	June 2, 1997	CERTIFICATE required by rule 10(b) (1) by defendants [4:97-cv-00895] (cp, COURT STAFF) (Entered: 06/04/1997)	PACER
	June 4, 1997	NOTIFICATION by Circuit Court of Appellate Docket Number 97-15952 [4:97-cv-00895] (cp, COURT STAFF) (Entered: 06/05/1997)	PACER
82	June 13, 1997	JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [4:97-cv-00895] (cp, COURT STAFF) (Entered: 06/16/1997)	PACER
83	June 16, 1997	REPORTER'S TRANSCRIPT; Date of proceedings: 3/20/97 ( C/R: Carol A. Karen) minutes [14-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 06/17/1997)	PACER
84	June 16, 1997	REPORTER'S TRANSCRIPT; Date of proceedings: 3/27/97 ( C/R: Carol A. Karen) minutes [33-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 06/17/1997)	PACER
	June 26, 1997	CERTIFICATE of Record mailed to USCA, counsel notified. [4:97-cv-00895] (cp, COURT STAFF) (Entered: 06/26/1997)	PACER
86	Sept. 17, 1997	ORDER by Judge Claudia Wilken granting in part motion to amend preliminary injunction [41-1] See document for amendments ( Date Entered: 9/19/97) (cc: all counsel) [4:97-cv-00895] (kk, COURT STAFF) (Entered: 09/19/1997)	PACER
87	Nov. 14, 1997	NOTICE OF APPEAL by defendants from Dist. Court decision order [86-1] Fee status exempt [4:97-cv-00895] (cp, COURT STAFF) Modified on 05/05/1999 (Entered: 11/17/1997)	PACER
	Nov. 17, 1997	Docket fee notification form and case information sheet to USCA [87-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 11/17/1997)	PACER
	Nov. 17, 1997	Copy of notice of appeal and docket sheet to all counsel [4:97-cv-00895] (cp, COURT STAFF) (Entered: 11/17/1997)	PACER
88	Nov. 21, 1997	TRANSCRIPT DESIGNATION and Ordering Form filed by defendant for dates NOT DESIGNATING ; C/R: ; appeal [87-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 11/24/1997)	PACER
89	Nov. 24, 1997	CERTIFICATE by defendants required by FRAP, rule 10 (b)(1) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 11/24/1997)	PACER
90	Nov. 24, 1997	STATEMENT of issues to be presented on appeal by defendants [4:97-cv-00895] (cp, COURT STAFF) (Entered: 11/24/1997)	PACER
	Nov. 24, 1997	NOTIFICATION by Circuit Court of Appellate Docket Number 97-17156 [4:97-cv-00895] (cp, COURT STAFF) (Entered: 12/01/1997)	PACER
91	Dec. 9, 1997	SUPPLEMENTAL JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [4:97-cv-00895] (cp, COURT STAFF) (Entered: 12/11/1997)	PACER
92	Dec. 10, 1997	ORDER by Judge Claudia Wilken Case Management Conference is continued at 1:30 4/17/98; updated supplement join case management statement is due ten days prior to the conference ( Date Entered: 12/15/97) (cc: all counsel) [4:97-cv-00895] (cp, COURT STAFF) (Entered: 12/15/1997)	PACER
93	Dec. 18, 1997	COPY of USCA Order: re: modification of 12/10/97 order, second paragraph, scheduling [4:97-cv-00895] (cp, COURT STAFF) (Entered: 12/23/1997)	PACER
	March 5, 1998	RECORD on Appeal to USCA, cnsl notified. re appeal [70-1] [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/05/1998)	PACER
94	March 9, 1998	RECEIPT from USCA of clerk's record on appeal, [4:97-cv-00895] (cp, COURT STAFF) (Entered: 03/10/1998)	PACER

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Case Details

State / Territory:

California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: March 14, 1997

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All individuals who could have been granted suspension of deportation during the period between Feb. 13 and Apr. 1, 1997, before the IIRIRA took effect.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Immigration Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Federal

Attorney General of the United States

Board of Immigration Appeals

Executive Office for Immigration Review

Case Details

Causes of Action:

42 U.S.C. § 1983

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)

Other Dockets:

Northern District of California 4:97-cv-00895

U.S. Court of Appeals for the Ninth Circuit 97-15952

U.S. Court of Appeals for the Ninth Circuit 97-01715

U.S. Court of Appeals for the Ninth Circuit 97-17156

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Recommended Citation

Case Summary of Barahona-Gomez v. Reno, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/9537/ (last updated 11/13/2007).