INS News Release Implementing District Court Order in Proyecto San Pablo v. INS
February 4, 2003
INS Publishes Notice Implementing United States District Court Order in Proyecto San Pablo v. INS
WASHINGTON, D.C. – The Immigration and Naturalization Service (INS) today announced publication of procedures to implement the federal court’s order in Proyecto San Pablo v. INS, No. Civ 89-456-TUC-WBD (D.Ariz.), a class-action lawsuit filed by certain applicants for legalization in the late 1980’s whose applications were denied or whose temporary residence was terminated. Under the terms of the court’s order, such applicants may request that INS reopen their case and render a new decision. Applicants may be protected against deportation and may be eligible for work authorization until the new decision is reached.
The federal court’s order applies to persons who meet all of the following requirements:
- Filed an application for legalization under section 245A of the Immigration and Nationality Act (the Act) between May 5, 1987, and May 4, 1988;
- Filed an application for legalization under section 245A of the Immigration and Nationality Act (the Act) between May 5, 1987, and May 4, 1988 in Alaska, Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, or Wyoming, and;
- INS denied the application or terminated temporary residence under section 245A(g)(2)(B)(i) of the Act because, at some time during the period beginning before January 1, 1982, and ending on the date the application was filed, the applicant was outside the United States as a result of a departure under an order of deportation.
A notice implementing a class action judgment with instructions on how to obtain a new decision on the legalization application and how to apply for work authorization or other rights and responsibilities was published in the Federal Register on January 29, 2003. It may be found on the INS website at http://www.uscis.gov/graphics/lawsregs/fr012903b.pdf and on the Federal Register website at www.archives.gov. Forms can be easily downloaded from the INS web site-www.uscis.gov, or requested by calling the INS toll-free National Customer Service Line, 1-800-375-5283. Individuals who believe they are eligible for benefits should contact a licensed attorney or a legal service provider recognized by the Board of Immigration Appeals. A list of legal service providers recognized by the Board of Immigration Appeals is available on the Internet site www.usdoj.gov/eoir under "Pro Bono Program."
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