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AMERICAN BAPTIST CHURCHES v. THORNBURGH

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


January 31, 1991

AMERICAN BAPTIST CHURCHES, et al., Plaintiffs,
v.
RICHARD THORNBURGH, et al., Defendants

The opinion of the court was delivered by: PECKHAM

STIPULATED ORDER APPROVING CLASS ACTION SETTLEMENT AGREEMENT

 ROBERT F. PECKHAM, UNITED STATES DISTRICT JUDGE

 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.

 ATTACHMENT

 UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA

 AMERICAN BAPTIST CHURCHES, et al., Plaintiffs, v. RICHARD L. THORNBURGH, GENE MCNARY, and JAMES A. BAKER, III, Defendants.

 Civ. No. C-85-3255 RFP January 31, 1991, Filed STIPULATED SETTLEMENT AGREEMENT TABLE OF CONTENTS Page 1. AMENDMENT OF CLASS 799 2. CLASS MEMBERS ELIGIBLE FOR DE NOVO ASYLUM ADJUDICATION 799 a. Salvadorans who: 799 b. Guatemalans who: 800 3. NOTICE OF RIGHTS HEREUNDER 800 a. NOTICE BY PUBLICATION 800 b. NOTICE BY MAIL 800 1. CLASS MEMBERS IN EOIR PROCEEDINGS 800 2. CLASS MEMBERS WITH CASES PENDING IN FEDERAL COURT 800 3. CLASS MEMBERS NOT IN PROCEEDINGS 800 c. SALVADORAN CLASS MEMBERS 800 1. APPLICANTS FOR TEMPORARY PROTECTED STATUS 800 2. APPLICANTS GRANTED TEMPORARY PROTECTED STATUS WHO DO NOT RE-REGISTER 801 3. APPLICANTS WHO DO NOT APPLY FOR TEMPORARY PROTECTED STATUS 801 d. CLASS MEMBERS DETAINED UNDER INS AUTHORITY 801 4. CONTENTS OF NOTICES 801 5. FUNDING FOR PUBLIC NOTICE 801 6. TIME TO RESPOND TO MAILED NOTICE 802 7. TIME FOR FILING NEW ASYLUM APPLICATION 802 8. AVAILABILITY OF NOTICES AT INS OFFICES 802 9. FAILURE TO COMPLY WITH NOTICE AND FILING REQUIREMENT 802 10. COMMENCEMENT OF DE NOVO ADJUDICATION 802 11. SCHEDULING OF INTERVIEWS 803 12. LEGAL ASSISTANCE 803 13. CONTINUANCE OF INTERVIEW 803 14. INSTRUCTIONS WITH RESPECT TO REVIEW OF PRIOR APPLICATIONS 803 15. PRELIMINARY ASSESSMENT AFTER INTERVIEW 803 16. ADDITIONAL REVIEW PROCEDURES 804 17. DETENTION OF CLASS MEMBERS ELIGIBLE FOR RELIEF 804 18. EMPLOYMENT AUTHORIZATION 804 a. SCOPE 805 b. FILING OF A COMPLETE ASYLUM APPLICATION 805 c. TIMELY ADJUDICATIONS 805 d. ELIGIBILITY AND FEES 805 e. WORK AUTHORIZATION AFTER DENIAL 805 19. STAY OF DEPORTATION AND DEFERRAL OF EXCLUSION AND DEPORTATION CASES PENDING NEW ADJUDICATION 805 a. PENDING ASYLUM OFFICER DETERMINATION 805 1. ADMINISTRATIVE CLOSING OF CASES PENDING BEFORE EOIR 805 2. CASES PENDING BEFORE THE ATTORNEY GENERAL 806 3. CASES PENDING IN THE FEDERAL COURTS 806 4. CASES NOT STAYED 806 b. STAY PENDING JUDICIAL REVIEW 806 20. RESUMPTION OF CASES IF ASYLUM IS DENIED 806 a. CASES PENDING BEFORE IMMIGRATION JUDGES 806 b. CASES PENDING BEFORE THE BIA 807 c. CASES PENDING IN THE FEDERAL COURTS 807 21. CLASS MEMBERS WITH FINAL ORDERS 807 22. COMMENTS OF THE BUREAU OF HUMAN RIGHTS AND HUMANITARIAN AFFAIRS TO THE ASYLUM OFFICER 807 23. REVIEW OF GLOSSARIES 807 24. CENTRALIZED INFORMATION CENTER 807 25. INSTRUCTIONAL MATERIALS 807 26. OPPORTUNITY TO ADDRESS TRAINING SESSION TO BE HELD FOR THE BHRHA 808 27. OPPORTUNITY TO ADDRESS TRAINING SESSION FOR NEW ASYLUM OFFICERS 808 28. OPPORTUNITY TO ADDRESS IMMIGRATION JUDGES 808 29. GAO MONITORING 808 30. PLAINTIFFS' MONITORING 808 31. TOLLING PROVISION 809 32. REPRESENTATION AND WARRANTY 809 33. RETENTION OF JURISDICTION 809 34. EXERCISE OF JURISDICTION 809 35. CLAIMS BY INDIVIDUAL CLASS MEMBERS 809 36. DISPUTE RESOLUTION 810 a. NOTICE OF CLAIMED VIOLATION 810 b. RESPONSE OF ADVERSE PARTY 810 c. NEGOTIATION 810 d. DEPORTATION 810 e. DETENTION 810 37. TERMINATION 810 38. DISMISSAL 810 39. RELEASE FROM OBLIGATIONS UNDERTAKEN PURSUANT TO SIGNING OF AGREEMENT BY THE PARTIES 811 40. REPRESENTATIONS REGARDING AGREEMENT 811 41. PAYMENT OF ATTORNEYS' FEES AND COSTS 811 42. NOTICES 811

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© 1992-2004 VersusLaw Inc.



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