Citations
- 760 F. Supp. 796
Full opinion text
STIPULATED ORDER APPROVING CLASS ACTION SETTLEMENT AGREEMENT
PECKHAM, 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.
APPENDIX STIPULATED SETTLEMENT AGREEMENT TABLE OF CONTENTS
Page
. AMENDMENT OF CLASS . 799
CLASS MEMBERS ELIGIBLE FOR DE NOVO ASYLUM ADJUDICATION... .799
. a. SALVADORANS WHO: . 799
. b. GUATEMALANS WHO:. 800
. 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 .
3. CLASS MEMBERS NOT IN PROCEEDINGS.
SALVADORAN CLASS MEMBERS.
1. APPLICANTS FOR TEMPORARY PROTECTED STATUS .
2. APPLICANTS GRANTED TEMPORARY PROTECTED STATUS WHO DO NOT RE-REGISTER. tH O 00
3. APPLICANTS WHO DO NOT APPLY FOR TEMPORARY PROTECTED STATUS.
d. CLASS MEMBERS DETAINED UNDER INS AUTHORITY.
CONTENTS OF NOTICES.
FUNDING FOR PUBLIC NOTICE .
TIME TO RESPOND TO MAILED NOTICE.
TIME FOR FILING NEW ASYLUM APPLICATION.
AVAILABILITY OF NOTICES AT INS OFFICES.
FAILURE TO COMPLY WITH NOTICE AND FILING REQUIREMENT...
COMMENCEMENT OF DE NOVO ADJUDICATION. — I
SCHEDULING OF INTERVIEWS. — H
LEGAL ASSISTANCE.
CONTINUANCE OF INTERVIEW. T“H
Page
14. INSTRUCTIONS WITH RESPECT TO REVIEW OF PRIOR APPLICATIONS.803
PRELIMINARY ASSESSMENT AFTER INTERVIEW.803
ADDITIONAL REVIEW PROCEDURES.804
DETENTION OF CLASS MEMBERS ELIGIBLE FOR RELIEF.804
EMPLOYMENT AUTHORIZATION.804
a SCOPE .805 I <
b. FILING OF A COMPLETE ASYLUM APPLICATION OO cr
c. TIMELY ADJUDICATIONS. OO cr
d. ELIGIBILITY AND FEES. OO cr
e. WORK AUTHORIZATION AFTER DENIAL. OO cr
STAY OF DEPORTATION AND DEFERRAL OF EXCLUSION AND DEPORTATION CASES PENDING NEW ADJUDICATION. oo o CR h-i O
a. PENDING ASYLUM OFFICER DETERMINATION. oo o CR
1. ADMINISTRATIVE CLOSING OF CASES PENDING BEFORE EOIR.
2. CASES PENDING BEFORE THE ATTORNEY GENERAL.
3. CASES PENDING IN THE FEDERAL COURTS.
4. CASES NOT STAYED.
b. STAY PENDING JUDICIAL REVIEW.
RESUMPTION OF CASES IF ASYLUM IS DENIED. O