Civil Procedure Keyed to Marcus
Walters v. Reno
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Under the Immigration and Naturalization Act, any alien that violates the laws concerning documentation fraud will be offered a hearing and possible sanction of deportation. The issue with this case is that when someone is accused of such actions they are sent two forms that are dense and have confusing legalize, explaining the rights of the Aliens. Many Aliens waive their rights and do not request a hearing because of the confusing nature of the forms, and many Aliens have been deported without ever having a hearing. A group of Aliens that were subject to these forms and charges filed a class action suit against the INS alleging they were deprived of their due process of law because of these forms. The lower court granted summary judgment and ordered the INS to give a hearing to all possible class members, to re-vamp the forms, and contact anyone that potentially was affected by these forms. The INS appealed arguing that the lower court erred in granting summary judgment and more importantly argue that the Aliens were not a proper class given class certification for this case.
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