Judge Certifies Class Action for Immigrants Denied ‘Green Cards’

by Mario Lozano on November 1, 2004

in Uncategorized

U.S. Judge Marilyn Hall Patel in October certified a class action lawsuit that is seeking to protect the rights of thousands of immigrants nationwide. Patel’s ruling allows the case to proceed on a nationwide basis on behalf of thousands of lawful permanent residents denied proof of their lawful status, or “green cards.”

“The court’s ruling today is an important first step toward forcing DHS to honor the rights granted to lawful permanent residents,” said John C. Dwyer, a partner at Cooley Godward, which is handling the suit on a pro bono basis. “As a class action, any court order that restores the rights of the named plaintiffs will restore the rights of lawful permanent residents nationwide.”

The lawsuit, filed in the U.S. District Court in San Francisco in July 2004, charges that the Department of Homeland Security offices nationwide are consistently rejecting and delaying legal permanent residents’ requests for documentation of their LPR status.

“The goal of this lawsuit is for lawful permanent residents to be allowed to support their families, get an education, and enjoy the freedoms that our Constitution guarantees,” said Javier N. Maldonado, Executive Director of the Texas Lawyers’ Committee. “These immigrants have complied with all the requirements for obtaining legal residency, including background checks and the review of a federal immigration judge.”

In the next stages of the lawsuit, the federal court must decide whether DHS’ policies and practices are unlawful and if so, order the agency to issue temporary documentation to the plaintiffs and class members. The lawsuit seeks relief for all persons who were or will be granted LPR status in U.S. immigration courts.

(via PR Newswire)

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