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Perez-Fuñez v. District Director, INS

619 F. Supp. 656 (1985)

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Perez-Fuñez v. District Director, INS

United States District Court for the Central District of California
619 F. Supp. 656 (1985)

Facts

The Immigration and Naturalization Service (INS) (defendant) had a policy of presenting voluntary-departure forms to unaccompanied minors and encouraging the minors to sign the forms without explaining the minors’ rights. A minor who signed a voluntary-departure form waived the right to a deportation hearing and was summarily deported. A class action lawsuit was filed on behalf of Perez-Fuñez (plaintiff) and other unaccompanied minors (the minors) (plaintiffs), alleging that the INS policy deprived the minors of their due-process rights. Numerous minors testified that they had been encouraged or coerced to sign voluntary-departure forms without being informed of their rights to a deportation hearing. The minors requested a declaration that INS procedures violated their due-process rights and an injunction prohibiting the INS from deporting minors pursuant to the voluntary-departure process without providing procedural safeguards to ensure that minors had knowingly waived their rights.

Rule of Law

Issue

Holding and Reasoning (Rafeedie, J.)

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