Abolghasen Osee Yassini v. David Crosland

In this action, the named plaintiffs sought a ruling that the Acting Commissioner of the Immigration and Naturalization Service could not revoke by directive plaintiffs’ June 1, 1980 deferred departure date previously announced by the Immigration and Naturalization Service. The complaint contained class allegations. The district court, over plaintiffs’ objections, certi fied a plaintiff class and then dismissed the action. Plaintiffs filed this appeal and sought an injunction pending appeal. Defendants responded and filed a motion for summary affirmance. We deem this appeal appropriate for expedited consideration and by this amended order we dispose of the motion for an injunction and of the appeal.

We vacate both the class certification and the judgment of dismissal and remand the case for further proceedings as to the individual named plaintiffs.

The certification of a class action under Fed.R.Civ.P. 23(b)(2) was improper in the absence of a common question of fact or law presently ripe for judicial determination. To begin with, although the Acting Commissioner’s directive purported to deprive every plaintiff of the June departure date, that deprivation had significantly…