Catholic Social Services, Inc. v. Ashcroft

ORDER

Plaintiffs seek relief from, inter alia, the consequences of the application of an INS regulation that precluded otherwise eligible aliens from requesting an adjustment of status under the Immigration Reform and Control Act of 1986 (“IRCA”), Pub.L. 99-603, 100 Stat. 3359, codified at 8 U.S.C. §§ 1255a et seq. (1986). Plaintiffs also bring claims for relief premised on defendants’ front-desking policy, described herein, and on the restriction of jurisdiction set forth in § 377 of IIRIRA, 8 U.S.C. § 1255a(f)(4)(C), as modified by Section 1104(e)(8) of the LIFE Act. Before me are the parties’ cross-motions for partial summary judgment, as well as defendants’ motion for reconsideration of this court’s order reopening CSS I. The standards for these motions are well-known and need not be repeated here. See Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986); United States v. Alexander, 106 F.3d 874, 876 (9th Cir.1997). I decide these motions on the pleadings and papers filed herein and after oral argument.

I.

BACKGROUND

The Ninth Circuit has observed that “[t]his litigation has a long and unhappy history.” Catholic Social Services v. INS, 232 F.3d…