Walters

The Attorney General of the United States and other parts of the U.S. government (collectively, “the government”) appeal from the district court’s determination that certain administrative procedures employed by the Immigration and Naturalization Service (“INS”) violated the constitutional requirements of due process. The government also appeals the district court’s certification of the plaintiff class and the court’s entry of permanent injunctive relief. We agree with the district court that the nationwide procedures by which the INS obtained waivers in document fraud cases violated the aliens’ rights to due process of law. We also agree that certification of plaintiffs as a class under Fed. R.Civ.P. 23(b)(2) was appropriate. And although we modify one of the provisions in the injunction, we uphold its principal terms.

Proceedings in the District Court

The plaintiffs brought suit against the government on behalf of themselves and similarly situated noncitizens, seeking declaratory and injunctive relief on the ground that the administrative procedures used by the INS to obtain final orders under the document fraud provisions of the Immigration and Naturalization Act of 1990…