Case: Kasbati v. District Director of INS

1:92-cv-05522 | U.S. District Court for the Northern District of Illinois

Filed Date: Aug. 17, 1992

Closed Date: 1992

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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 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' implementati…

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).

Summary Authors

Erica Woodruff (8/9/2007)

People

Judge(s)

Aspen, Marvin E. (Illinois)

Attorney for Plaintiff

Larson, Keli Marquis (Illinois)

Attorney for Defendant

Hoofnagle, James G Jr. (Illinois)

Documents in the Clearinghouse

1:92-cv-05522

Docket (PACER)

Kasbati v. District Director of I.N.S.

Aug. 17, 1992

Aug. 17, 1992

Docket
19

1:92-cv-05522

Opinion

Kasbati v. District Director of I.N.S.

Oct. 23, 1992

Oct. 23, 1992

Order/Opinion

805 F.Supp. 619

Docket

Last updated March 23, 2025, 9:16 a.m.

ECF Number Date Description Link
1 Aug. 17, 1992

PETITION FOR WRIT OF HABEAS CORPUS; notice of filing ; Civil cover sheet (tlm) (Entered: 08/18/1992)

PACER
2 Aug. 17, 1992

ATTORNEY APPEARANCE for plaintiff by Keil Marquis Larson (tlm) (Entered: 08/18/1992)

PACER
3 Aug. 17, 1992

RULE 39 Affidavit of Keil Marquis Larson (tlm) (Entered: 08/18/1992)

PACER
4 Aug. 17, 1992

RECEIPT regarding payment of filing fee paid; on 8/17/92 in the amount of $ 5.00, receipt # 399207. (tlm) Modified on 08/18/1992 (Entered: 08/18/1992)

PACER
4 Aug. 19, 1992

MINUTE ORDER of 8/19/92 by Hon. Marvin E. Aspen : Status hearing set for 10/23/92 at 10:00 a.m. Mailed notice (tlm) (Entered: 08/21/1992)

PACER
Aug. 28, 1992

SUMMONS issued as to defendant (fce) (Entered: 09/04/1992)

PACER
5 Sept. 8, 1992

MOTION by plaintiff to release petitioner or to set bail while case is pending (Attachments); notice of motion. (tlm) (Entered: 09/10/1992)

PACER
6 Sept. 8, 1992

MINUTE ORDER of 9/8/92 by Hon. Marvin E. Aspen : Enter petitioner's motion to release him from custody [5-1] or set bail while case is pending. [5-2] Respondent to respond on or before 09/15/92. Petitioner to reply to answer brief due 9/18/92. Mailed notice (tlm) (Entered: 09/10/1992)

PACER
7 Sept. 15, 1992

RESPONSE by respondent to petitioner's motion for bail (Exhibits). [5-2] (tlm) (Entered: 09/16/1992)

PACER
8 Sept. 18, 1992

REPLY by plaintiff to response to motion to release petitioner [5-1], motion to set bail while case is pending [5-2] (Exhibit). (fce) (Entered: 09/21/1992)

PACER
9 Sept. 21, 1992

REPLY BRIEF by defendant in support of motion for summary judgment (Exhibits). (tlm) (Entered: 09/22/1992)

PACER
10 Oct. 8, 1992

DESIGNATION OF ATTORNEY James G. Hoofnagle as US Attorney (tlm) (Entered: 10/09/1992)

PACER
11 Oct. 16, 1992

CERTIFIED ADMINISTRATIVE RECORD submission by defendant USA (tlm) (Entered: 10/19/1992)

PACER
16 Oct. 16, 1992

LETTER from plaintiff to Judge Aspen (Attachments). (tlm) (Entered: 10/28/1992)

PACER
17 Oct. 16, 1992

LETTER from plaintiff to Judge Aspen dated 10/10/92 (Attachment). (tlm) (Entered: 10/28/1992)

PACER
12 Oct. 22, 1992

MINUTE ORDER of 10/22/92 by Hon. Marvin E. Aspen : Status hearing set for 10/23/92 stricken on court's own motion Telephoned notice (fce) (Entered: 10/23/1992)

PACER
13 Oct. 23, 1992

MOTION by defendant to dismiss petition for habeas corpus for lack of jurisdiction , or, in the alternative, for summary judgment ; notice of motion. (tlm) (Entered: 10/27/1992)

PACER
14 Oct. 23, 1992

MEMORANDUM by defendant in support of motion to dismiss petition for habeas corpus for lack of jurisdiction [13-1], or, in the alternative, for summary judgment. [13-2] (tlm) (Entered: 10/27/1992)

PACER
15 Oct. 23, 1992

MINUTE ORDER of 10/23/92 by Hon. Marvin E. Aspen : Respondent's motion to dismiss petition for habeas corpus for lack of jurisdiction [13-1], or, in the alternative, for summary judgment [13-2] is denied as moot. No notice (tlm) (Entered: 10/27/1992)

PACER
18 Oct. 23, 1992

MINUTE ORDER of 10/23/92 by Hon. Marvin E. Aspen : Plaintiff's motion to release petitioner [5-1] and motion to set bail while case is pending [5-2] are denied as moot. Mailed notice (tlm) (Entered: 10/28/1992)

PACER
19 Oct. 23, 1992

MEMORANDUM, OPINION, AND ORDER (tlm) (Entered: 10/28/1992)

PACER
20 Oct. 23, 1992

ENTERED JUDGMENT (tlm) (Entered: 10/28/1992)

PACER
21 Oct. 23, 1992

MINUTE ORDER of 10/23/92 by Hon. Marvin E. Aspen : Enter Memorandum Opinion and Order: Plaintiff has petitioned this court for a writ of habeas corpus. We find that there has been an "entry," and, therefore, that Kasbati is properly excludable under the Immigration and Nationality Act. Accordingly , his petition for a writ of habeas corpus is denied. Mailed notice (tlm) (Entered: 10/28/1992)

PACER

Case Details

State / Territory:

Illinois

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Aug. 17, 1992

Closing Date: 1992

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An alien in the process of exclusionary proceedings for the INS petitioned for a writ of habeas corpus.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Immigration and Naturalization Service

Case Details

Causes of Action:

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Other Dockets:

Northern District of Illinois 1:92-cv-05522

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Immigration/Border:

Admission - criteria

Detention - procedures

Temporary protected status

Jails, Prisons, Detention Centers, and Other Institutions:

Habeas Corpus

Recommended Citation