Perez-Funez v. District Director, Immigration & Naturalization Service

OPINION

RAPEEDIE, District Judge.

This action comes before this Court as a challenge, primarily on constitutional due process grounds, to the manner in which the Immigration and Naturalization Service (“INS”) currently implements its voluntary departure procedure with respect to unaccompanied minor aliens in its custody. The ultimate relief sought by plaintiffs is a judgment declaring the INS’ actions violative of the due process clause of the fifth amendment of the Constitution and applica-, ble statutes, and an order enjoining the INS from implementing voluntary departure in the case of an…