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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

[Federal Register: January 29, 2003 (Volume 68, Number 19)]
[Notices]               
[Page 4518-4522]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ja03-101]                         


-----------------------------------------------------------------------


DEPARTMENT OF JUSTICE


Immigration and Naturalization Service


[INS No. 2149-01]


 
Implementation of Class Action Judgment in Proyecto San Pablo v. 
INS


AGENCY: Immigration and Naturalization Service, Justice.


ACTION: Notice.


-----------------------------------------------------------------------


SUMMARY: This notice implements the class action judgment in Proyecto 
San Pablo v. INS, No. Civ 89-456-TUC-WDB (D.Ariz.) by notifying aliens 
who


[[Page 4519]]


applied for legalization under section 245A of the Immigration and 
Nationality Act (Act), 8 U.S.C. 1255a, of their rights under the 
judgment. This notice is necessary because neither the class counsel 
nor the Immigration and Naturalization Service (Service or INS) has 
reliable information concerning the names and addresses of class 
members.


DATES: This notice is effective January 29, 2003.


FOR FURTHER INFORMATION CONTACT: Robert Raymond, Office of the General 
Counsel, Immigration and Naturalization Service, 425 I Street NW., Room 
6109, Washington DC 20536, telephone (202) 514-2895.


SUPPLEMENTARY INFORMATION:


1. Why Is the Service Publishing This Notice?


    The Service is publishing this notice to comply with the judgment 
entered on March 27, 2001, as amended, in the class action entitled 
Proyecto San Pablo v. INS No. Civ 89-456-TUC-WDB (D.Ariz.) (Proyecto 
case). Service regulations do not permit aliens to file motions to 
reopen in legalization cases under section 245A of the Act, 8 U.S.C. 
1255a. The Court's judgment, however, requires the Service to reopen 
certain legalization cases and make new decisions in those cases. This 
notice explains how to obtain a new decision in your case.


2. To Whom Do the Personal Pronouns ``I,'' ``Me,'' ``My,'' ``You'' and 
``Your'' Refer?


    In this Notice, the personal pronouns ``I,'' ``me,'' ``my,'' 
``you'' and ``your'' refer to any alien who filed a timely application 
for legalization and who believes that he or she may be a class member 
in the Proyecto case.


3. Does This Notice Apply to My Case?


    This notice applies to your case if you meet each of the following 
requirements:
    (a) You filed an application for legalization under section 245A of 
the Act during the period that began May 5, 1987, and ended May 4, 
1988;
    (b) You filed this application with a legalization office in the 
former Northern or Western region of the Service (that is, 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 (State), 
Wisconsin, or Wyoming);
    (c) The Service denied your application for legalization or 
terminated your 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 you filed your legalization 
application, you were ``outside the United States as a result of a 
departure under an order of deportation.''


4. What Does the Court's Order Permit Me To Do?


    If this Notice applies to your case, then you may obtain a new 
Service decision on your legalization application. You may also obtain 
employment authorization, in 1-year increments, until the Service makes 
a new decision in your case. The Service may not deport you until it 
makes a new decision in your case. In addition, you will be given an 
opportunity to obtain a copy of your prior deportation or exclusion 
records under the Freedom of Information Act (FOIA). You will also be 
able to submit and have adjudicated, Form I-690, Application for Waiver 
of Grounds of Excludability Under sections 245A or 210 of the 
Immigration and Nationality Act, or any other waiver you deem 
appropriate, although the parties continue to dispute the legal effect 
of such a waiver.


5. How Do I Obtain Employment Authorization?


    The Proyecto judgment requires the Service to extend your 
employment authorization until the Service reopens your case and makes 
a new decision. If your current employment authorization document has 
expired, or is about to expire, you should apply for a new employment 
authorization document by completing Form I-765, Application for 
Employment Authorization, and filing it, without fee. Follow the 
instructions listed on the Form I-765. To make it clear that you are 
claiming to be a Proyecto class member, you must write the word 
``Proyecto'' in box 16 on the Form I-765. The Employment Authorization 
Application must be adjudicated within 90 days of the date of its 
receipt. You must file your Form I-765 with the Nebraska Service 
Center. The address is: Immigration and Naturalization Service, 
Nebraska Service Center, Attn: Proyecto Unit, PO Box 87687, Lincoln, NE 
68501-7687.


6. Will the Service Give Me a New Employment Authorization Card, if My 
Card Expires Before My Case Is Decided?


    Yes, any employment authorization card will be valid for 1 year, 
and so long as you have filed a motion to reopen as described below in 
paragraph 10, you may apply for renewal until the Service makes a final 
decision in your case. You will not be eligible for an extension of 
employment authorization, however, if you fail to file a motion to 
reopen within 1 year from the date you receive this notice. So long as 
you file a timely motion to reopen, the Service may not deport you 
until it issues a new decision in your legalization application.


7. How Do I Obtain a New Decision in My Case?


    Because the legalization application period ended more than 13 
years ago, it is not likely that the Service will have a current 
address for you. For this reason, the Service will not act to reopen 
your case until you notify the Service that you want the Service to do 
so. If you want to exercise your rights under the Proyecto decision, 
you must file with the Service a motion to reopen, without fee. As 
described below, your motion to reopen may include all information and/
or waiver applications you wish the Service to consider. As such, you 
should first attempt to obtain any information you may need through the 
FOIA process as described below in question 8. In addition, you should 
prepare any waiver applications you wish to be considered and submit 
all of the information along with your motion to reopen. If you have 
not received a response to your FOIA request at the time you must file 
your motion to reopen, then you must still file your motion to reopen, 
but you may wait to submit the supporting documents until after you 
receive the response to any FOIA requests that you have made.
    To avoid delays, please make sure that your motion to reopen 
clearly states that you are seeking the reopening of your case under 
the judgment in the Proyecto case.


8. Where Do I File My FOIA Requests?


    The Service's FOIA requests are filed according to the instructions 
on Form G-639, Freedom of Information/Privacy Act Request (available on 
the Service's Web site at http://www.ins.usdoj.gov). To make a FOIA 
request, you may use Form G-639, or a letter specifically indicating 
which records are being requested. The form approved by the Court for 
requesting your Service records is attached.


A. Service Records


    In order to obtain a copy of your prior Service file you must file 
a FOIA request with the Service. File your FOIA request with the 
Nebraska Service Center. The address is: Immigration and Naturalization 
Service, Nebraska


[[Page 4520]]


Service Center, Attn: FOIA/PA Unit, PO Box 82521, Lincoln, NE 68501-
2521.


B. Immigration Court Records


    In order to obtain a copy of your prior deportation or exclusion 
records from the Immigration Court, you must file a FOIA request with 
the Executive Office of Immigration Review (EOIR). Since EOIR is not 
part of the Service, you must send your EOIR FOIA request directly to 
EOIR at the following address: Office of the General Counsel, Executive 
Office for Immigration Review, FOIA/PA Requests, 5107 Leesburg Pike, 
Suite 2400, Falls Church, VA 22041.
    The EOIR does not have its own special FOIA request form. However, 
EOIR will accept either the Form G-639, or a letter specifically 
indicating which records are being requested. The form approved by the 
Court for requesting your EOIR records is included as an appendix to 
this notice.


9. Where Must I File the Motion to Reopen?


    You must file your motion to reopen with the Nebraska Service 
Center. The address is: Immigration and Naturalization Service, 
Nebraska Service Center, Attn: Proyecto Unit, PO Box 87687, Lincoln, NE 
68501-7687.


10. When Must I File the Motion to Reopen?


    You must file your motion to reopen no later than 1 year from the 
date you are personally served with this Notice by the Service, as 
described below.
    The Service will personally serve you with a copy of this notice in 
one of three ways. First, on or about the time of the publication of 
this Notice in the Federal Register, if you are known to meet the 
Proyecto class definition, the Service will mail this Notice, by 
certified mail return receipt requested, to your last known address 
contained in your file. Second, after publication of this Notice in the 
Federal Register, when you file an application for employment 
authorization (Form I-765), the Service will check your alien file to 
see if there is written confirmation that you previously received this 
notice. If there is no such confirmation, the Service will mail a copy 
of this Notice, by certified mail return receipt requested to you at 
the address listed on the application for employment authorization, or 
to your attorney or representative as required by 8 CFR 292.5, if a 
Form G-28, Notice of Entry of Appearance as Attorney or Representative 
has been filed since the publication of this notice in the Federal 
Register. Third, the Service may personally deliver a copy of this 
Notice to you at any time the Service encounters you.
    The 1-year time period for filing your motion to reopen begins on 
the date that personal service in one of the three ways described above 
is confirmed to have occurred. The Service cannot deny your 
legalization application, or deny work authorization pursuant to this 
Notice, unless the Service can confirm that this Notice has been served 
on you in one of the three ways described above.
    If you need to file FOIA requests before you can file your motion 
to reopen, then you must still file your motion to reopen within the 1-
year time period described above. If you have not yet received the 
results from your FOIA requests, then your motion to reopen must 
include a statement that you are awaiting your FOIA results.


11. What Must I Include With My Motion To Reopen?


    You should include in your motion to reopen:
    (1) A copy of any documents that you received from the Service and 
EOIR in response to your FOIA requests that you want to have included 
in your legalization record of proceeding,
    (2) A waiver application (Form I-690) with the fee established in 8 
CFR 103.7(b) (currently $35) (available on the Service's Web site at 
http:// www.ins.usdoj.gov) if you wish the Service to adjudicate a 
waiver,
    (3) Any brief, any other waiver that you wish to have adjudicated, 
and any other evidence you wish to submit in support of your motion; 
and
    (4) Either a statement that you are ready to have a new decision 
entered in your case, or a statement that you are still awaiting the 
results of your FOIA requests.


12. What if I Have Not Yet Received the Results of My FOIA Request?


    If you are still awaiting FOIA results you must still file the 
motion to reopen no later than the period described in paragraph 10, 
above. You may include with your motion a copy of any waiver 
application you wish to file, a copy of your FOIA requests, any 
evidence you want to submit other than evidence from your FOIA 
requests, and a statement indicating that you are awaiting the results 
of the FOIA requests. You must then submit, no later than 6 months 
after you receive the results of your FOIA requests, any brief you wish 
to file and a complete copy of any documents that you want to have 
included in your legalization record of proceeding.


13. When Will the Service Decide My Case?


    Because your motion to reopen should include any and all evidence 
that you want included in your legalization record of proceeding, any 
brief you wish to file, and any waiver application that you wish to 
have considered, the Service may decide your motion to reopen at any 
time after you file it, unless you indicate in your motion that you are 
still awaiting the results of your FOIA requests. If you are still 
awaiting the results of your FOIA requests, the Service will not rule 
on your motion until you have had an opportunity to obtain and review 
the FOIA documents. You must submit a brief and any documents you want 
the Service to consider no later than 6 months after you have received 
a response to both of your FOIA requests.


14. What if I Do Not File a Motion To Reopen?


    The Service will not make a new decision in your case unless you 
file a motion to reopen, which you must do within the 1-year period 
described in this notice under the heading ``When Must I File The 
Motion to Reopen?'' (Paragraph 10). If you have received employment 
authorization pursuant to these instructions and do not file a motion 
to reopen, your employment authorization will not be renewed.


15. What if I Do Not Get This Notice With These Instructions Within a 
Year?


    You will be permitted to file a motion to reopen and take the other 
steps outlined here if you come to the attention of the Service more 
than a year after these instructions are published, unless the Service 
can confirm that this Notice has been personally served on you in the 
manner described in this notice under the heading ``When Must I File 
The Motion to Reopen?'' (Question 10).


16. Does the Proyecto Judgment Entitle Me to a Stay of Deportation?


    The March 27, 2001, Judgment of the Court requires the Service to 
stay your deportation and to release you from custody without bond, so 
long as you are a class member. Filing either the application for a new 
employment authorization document or the motion to reopen will help 
notify the Service that you are entitled to this stay and release 
without bond. The stay will remain in effect until the Service makes a 
final decision in your case.


[[Page 4521]]


17. Does the Proyecto Judgment Make Me Eligible for Legalization?


    Not necessarily. According to the order of the District Court, the 
Service is required to reopen and readjudicate your legalization 
application. This does not necessarily mean that the Service will 
approve your application.


18. Do the Legalization Confidentiality Rules Apply to My Case?


    The legalization confidentiality rules apply to your case in the 
same way that they apply to any other legalization case. Your 
applications and file requests cannot be used for any other reason than 
to make a determination on your eligibility for legalization. They 
cannot be used in removal, deportation or exclusion proceedings.


19. Do I Have the Right to Have an Attorney or Other Person Represent 
Me?


    By statute and regulation, you have the right to be represented 
before the Service by any attorney or other person authorized to 
represent people before the Service.
    Please note that Robert Gibbs, Esq., Gloria A. Goldman, Esq., and 
Robert Pauw, Esq., have represented the class in this case. You may 
retain Mr. Gibbs, Ms. Goldman, or Mr. Pauw to represent you, but you 
also have the right to retain any other attorney or other person 
authorized to represent people before the Service. If you want Mr. 
Gibbs or Mr. Pauw to represent you, or want further information about 
this case, you may contact them at: Gibbs Houston Pauw, 1000 Second 
Avenue, Suite 1600, Seattle, Washington 98104; telephone (206) 682-
1080; Web site: www.ghp-law.net. You may also contact Ms. Goldman at 
1575 West Ina Road, Tucson, Arizona 85704-1926, telephone (520) 797-
9229.
    If you already have your own attorney or representative, he or she 
may also contact Mr. Gibbs, Ms. Goldman, or Mr. Pauw for information 
about this case.


20. What if My Address Changes?


    It is very important that you inform the Service of any change of 
address while your case is pending. You should promptly notify the 
Service in writing of a change of address by sending the change of 
address to any office where you filed a FOIA request, and to the 
Nebraska Service Center as shown below: Immigration and Naturalization 
Service, Nebraska Service Center, Attn: Proyecto Unit, PO Box 87687, 
Lincoln, NE 68501-7687.


Paperwork Reduction Act


    The documentary requirements included when filing a motion to 
reopen your case, including the form approved by the Court for 
requesting your records is not considered an information collection 
under 5 CFR 1320.4(a)(2).


    Dated: January 23, 2003.
Michael J. Garcia,
Acting Commissioner, Immigration and , Naturalization Service.


    Note: The appendix to this notice contains the FOIA request form 
provided for in the Proyecto judgment.




BILLING CODE 4410-10-P


[[Page 4522]]


[GRAPHIC] [TIFF OMITTED] TN29JA03.000


[FR Doc. 03-1959 Filed 1-28-03; 8:45 am]
BILLING CODE 4410-10-C





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