Crosby Wilfredo Orantes-Hernandez v. Richard Thornburgh

I. Introduction

This is an appeal from the entry of a permanent injunction in favor of the plaintiffs in a class action against United States government immigration officials. The plaintiff class is composed of Salvadoran nationals who are eligible to apply for political asylum, and who have been or will be taken into custody by the Immigration and Naturalization Service (INS). The district court’s injunction, together with its extensive supporting findings of fact and conclusions of law, is reported in Orantes-Hernandez v. Meese, 685 F.Supp. 1488 (C.D.Cal.1988) (Orantes II).

The complaint alleged that INS officials and Border Patrol Agents prevented members of the class from exercising their statutory right to apply for asylum under the provisions of 8 U.S.C. § 1158 (a) (1988). The complaint also alleged INS interference with plaintiffs’ ability to obtain counsel, a right guaranteed by 8 U.S.C. § 1362 and the due process clause. See United States v. Villa-Fabela, 882 F.2d 434, 438 (9th Cir.1989).

The injunction appealed from requires the INS to notify Salvadoran detainees both of their right to apply for political asylum and of their right to be represented by counsel, though…