PERALES v. THORNBURGH

No. 88 Civ. 2265 (KC).

762 F.Supp. 1036 (1991)

Cesar PERALES, as Commissioner of the New York State Department of Social Services, the New York State Department of Social Services, Robert Abrams, as Attorney General of the State of New York, and on behalf of the People of the State of New York, the State of New York, and the City of New York, and Sara Doe, Jane Roe, and Anne Coe, individually, on behalf of their minor children, and on behalf of all others similarly situated and their minor children, Plaintiffs, and Fran Foe, Mary Moe, Linda Loe, Susan Soe and Zelda Zoe, individually, on behalf of all others similarly situated and their minor children, Plaintiffs-Intervenors, v. Richard THORNBURGH, as Attorney General of the United States, Terrance O'Reilly, as Assistant Commissioner of the Immigration and Naturalization Service, Edward Wildblood, as Legalization Director of the INS Eastern Regional Office, Gilbert Tabor, as INS Eastern Regional Processing Facility Director, Scott Blackman as INS District Director of the New York District, and Louis Sullivan, as Secretary of Health and Human Services, Defendants.

United States District Court, S.D. New York.

April 18, 1991.


Attorney(s) appearing for the Case

Main Street Legal Services, Inc., Flushing, N.Y. (Stephen Loffredo, of counsel), White & Case, Robert L. Abrams, Atty. Gen. of State of N.Y. (Charles F. Sanders, Asst. Atty. Gen.), Victor A. Kovner, Corp. Counsel to the City of New York (Hilary Klein, Gail Rosenchein, Asst. Corp. Counsel), New York City, for plaintiffs.

Otto G. Obermaier, U.S. Atty., S.D.N.Y. (Diogenes P. Kekatos, Bart G. Van De Weghe, Asst. U.S. Attys., Timothy MacFall, Sp. Asst. U.S. Atty.), New York City, for defendants.


OPINION AND ORDER

CONBOY, District Judge:

This action was filed barely a month before the expiration of a one-year period of amnesty for undocumented aliens which had been authorized by the Congress in landmark immigration legislation. The plaintiffs here claim, in substance, that certain regulations issued by the Attorney General to implement the legislation were constitutionally and statutorily defective, causing a deprivation of their rights. Proceeding...

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