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ESPARZA v. VALDEZ

No. 85-2187.

862 F.2d 788 (1988)

Maria ESPARZA, Eudesimo Arteaga, Reyes Nunez-Ortega, Bahman Zanjani, individually and on behalf of all others similarly situated, Daniel Agonafer, Jose Sandoval, and Kazimierez Kozak, Plaintiffs-Appellants, Consuelo Sandoval, Applicant for Joinder-Appellant, v. Ruben VALDEZ, Executive Director, Colorado Department of Labor, John Kezer, Director, Division of Employment and Training, Industrial Commission of Colorado, (Ex-Officio the Unemployment Compensation Commission), in their official capacities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 29, 1988.

Attorney(s) appearing for the Case

David F. Steinhoff (Brian Patrick Lawler, with him on the briefs), Colorado Rural Legal Services, Inc., Denver, Colo., for plaintiffs-appellants.

Kathryn J. Aragon, Asst. Atty. Gen. (Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Christa D. Taylor, Asst. Atty. Gen., on the brief), Human Resources Section, State of Colo., Denver, Colo., for defendants-appellees.

Richard K. Willard, Asst. Atty. Gen., Thomas W. Hussey, Asst. Director, and Donald E. Keener, Attorney, Office of Immigration Litigation, Dept. of Justice, Washington, D.C., filed a brief for the U.S. as amicus curiae.

Marcia Egger, New York City, filed a brief for the Nat. Employment Law Project as amicus curiae.

Daniel A. Stein, Washington, D.C., and William M. Bass, Denver, Colo., filed a brief for the Federation for American Immigration Reform as amicus curiae.

Before LOGAN, McWILLIAMS and TACHA, Circuit Judges.

LOGAN, Circuit Judge.

Four individual aliens who were denied unemployment insurance benefits by Colorado state authorities commenced suit in federal district court seeking declaratory and injunctive relief for themselves and others similarly situated, whom they sought to represent as a class. The individual claims of three other aliens were later joined, and another alien continues to seek joinder. They asserted jurisdiction under 28 U.S.C. § 1331 and 42 U.S...

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