District Court Stays CSS v. Reno Wire

Subject: Discontinuance of Taking Applications for Class Membership Submitted Pursuant to the United States District Court's Order in CSS v. Reno.

Date: February 8, 1995

To: All Regional Directors
All District Directors (Including Foreign)
All Officers-in-Charge (Including Foreign)
All Chief Patrol Agents

From: Office of Programs

Ref: Wire of Same Subject Dated January 30, 1995

On February 6, 1995, Judge Karlton of the United States District Court for the Eastern District of California stayed the Service's wire dated January 30, 1995, pending resolution of the motions now before the court. The referenced wire instructed you to cease taking CSS class membership applications and rescinded all wires, memos, and other instructions previously issued regarding CSS class membership.

Therefore, effective immediately, you should resume following all previous instructions relating to CSS.

You should continue to refer any questions on this to Kathy Craig 202/616-7450, or to Eloise Rosas or Julia Doig Engdahl at 202/514-2895.

James A. Puleo

United States District Court Eastern District of California

Catholic Social Service, Inc., (Centro De Guadalupe Immigration center, et al.,

Plaintiffs, No. Civ. S-86-1343 LXK

v. O R D E R

Janet Reno, Attorney General of the United States of America,

Defendant.

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This matter is before the court pursuant to Plaintiffs' Emergency Ex Parte Application for Enforcement of Stipulated Stay Order. A telephonic hearing was held on February 6, 1995. Peter Sobey and Ralph Abescal appeared for plaintiffs; Robert Kendall appeared for defendants.

Defendants' motions to dismiss and to vacate prior orders are now under submission. These motions go to the court's past and present jurisdiction over the case. Defendants based their motion on the Supreme Court's decision Reno v. Social Services ("CSS"), 113 S. Ct. 2485(1993), which they contend disposes of the case and renders this court's prior orders without legal effect.

On January 30, 1995, the INS issued an internal Telegraphic Message predicated on defendants' interpretation of CSS. The Telegraphic Message directed regional offices to cease accepting class membership applications, and rescinded all benefits of class membership including work authorization and stays of deportation. This directive countermands orders of this court which were entered prior to the Supreme Court's decision and which were themselves never appealed. Plaintiffs seek an Order staying the effect of the Telegraphic Message pending resolution of the jurisdictional question and the effect, if any, or CSS on the prior orders.

Having heard the arguments of counsel, and good cause appearing therefor, IT IS HEREBY ORDERED as follows:

1. The effect of the January 30, 1995 Telephonic Message is hereby STATED pending resolution of the motions now before the court;

2. Defendant shall immediately, and in no event more than two business days after effective date of this Order, notify all INS offices in writing that the effect of the January 30, 1995 Telegraphic Message is stayed pending further Order of the court and that all interim relief orders in this case remain in effect until further notice;

3. Defendants shall take all necessary measures to ensure that no individual's status or benefits are affected pursuant to the January 30, 1995 Telegraphic Message, pending resolution of the matters now under submission.

IT IS SO ORDERED.

DATED: February 6, 1995.

Lawrence K. Karlton
Chief Judge Emeritus
United States District Court