American Baptist Churches v. Thornburgh
Decision Date | 31 January 1991 |
Docket Number | Civ. No. C-85-3255-RFP. |
Citation | 760 F. Supp. 796 |
Parties | AMERICAN BAPTIST CHURCHES, et al., Plaintiffs, v. Richard THORNBURGH, et al., Defendants. |
Court | U.S. District Court — Northern District of California |
Marc Van Der Hout, Deborah Smith, Nat. Lawyers Guild, James J. Garrett, Michael L. Zigler, Lori A. Schechter, Darryl Hamm, Morrison & Foerster, San Francisco, Cal., Lucas Guttentag, American Civ. Liberties Union, Immigrants' Rights Project, Morton Stavis, Frank E. Deale, Ellen Yaroshefsky, Center for Constitutional Rights, New York City (Carolyn P. Blum, University of California, Asylum Appeals Clinic, Boalt Hall School of Law, Berkeley, Cal., of counsel), for plaintiffs.
William T. McGiven, Jr., U.S. Atty., Stephen L. Schirle, Chief, Civ. Div., Mary Beth Uitti, Asst. U.S. Atty., San Francisco, Cal., Stuart M. Gerson, Asst. Atty. Gen., Robert L. Bombaugh, Director, Francesco Isgro, Lisa Dornell, Attys., Office of Immigration
Litigation, U.S. Dept. of Justice, Civ. Div., Washington, D.C., for defendants.
STIPULATED ORDER APPROVING CLASS ACTION SETTLEMENT AGREEMENT
On December 19, 1990, this Court provisionally approved the Stipulated Settlement Agreement submitted by the parties. Published notice of the pendency of the Settlement Agreement and of the fairness hearing was given to class members as provided in the Order Preliminarily Approving Stipulated Settlement Agreement by counsel for the plaintiffs in the manner set forth in the Declaration of Deborah Smith, filed on January 29, 1991. On January 31, 1991, the Court held a fairness hearing to consider objections to the proposed Settlement Agreement.
The Court having considered the one objection received and having made an independent determination that the Settlement Agreement is a fair, adequate and reasonable settlement of this action, it is hereby
ORDERED that the Settlement Agreement attached hereto is approved; and it is further
ORDERED that the instant action is dismissed with prejudice pursuant to the terms of the Settlement Agreement except insofar as the Court retains continuing jurisdiction as provided for in Paragraph 33 of the said Agreement; and it is further
ORDERED that the defendants, in making the disbursements of funds referred to in Paragraphs 5 and 41 of the said Agreement, will make the payments to Marc Van Der Hout as trustee and it is further
ORDERED that costs and fees shall be as set forth in Paragraph 41 of the Settlement Agreement.
APPENDIX
STIPULATED SETTLEMENT AGREEMENT
WHEREAS, Plaintiffs, many Salvadoran and Guatemalan citizens in the United States, have filed this action against Defendants, Richard L. Thornburgh, on behalf of the United States Department of Justice, Gene McNary, on behalf of the Immigration and Naturalization Service ("INS"), and James A. Baker, III, on behalf of the United States Department of State, raising, among other issues, systemic challenges to the processing of asylum claims filed by Salvadorans and Guatemalans pursuant to the Refugee Act of 1980 and the regulations promulgated thereunder; and
WHEREAS, the system of asylum processing has been significantly changed by regulations effective October 1, 1990; and
WHEREAS, under the new asylum regulations as well as the old:
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