LAVAS Lacks Standing To Sue in this Action
LAVAS is, according to plaintiffs' own description, a nonprofit corporation "whose mission it is to provide legal assistance to indigent Vietnamese asylum-seekers." See Certification under Rule 104(g), filed February 25, 1994. LAVAS lacks standing to raise claims challenging the DoS's policies or regulations promulgated under the INA. See Immigration and Naturalization Service v. Legalization Assistance Project, 114 S. Ct. 422, 424, 126 L. Ed. 2d 410 (1993) (O'Connor, J., in chambers) (ruling that legal assistance organization which challenged INS regulations fell outside the zone of interests protected by those regulations, and that the organization therefore lacked standing); Ayuda, Inc. v. Reno, 303 U.S. App. D.C. 374, 7 F.3d 246, 250 (D.C. Cir. 1994) (holding that "Qualified Designated Entities" authorized to act as intermediaries between aliens and the INS had no standing to challenge INS policies interpreting aliens' rights to legalization). Therefore, LAVAS is dismissed from this suit.
The Action Is Moot
With the dismissal of LAVAS from this case, and with the determination that the named plaintiffs' claims have become moot, the case as a whole has become moot as well. Plaintiffs contend that their renewed motion for class certification, which initially was denied by the Court as moot in its Memorandum Order granting defendants' motion for summary judgment, should serve to resuscitate this case, despite the fact that the named plaintiffs' cases are now moot. Plaintiffs are not correct. The Court quite properly denied plaintiffs' motion for class certification as moot when it issued its Order granting defendants' motion for summary judgment. Because no class was certified by the Court, and because the named plaintiffs' claims have now become moot, no case or controversy exists on which to append a class of plaintiffs, or new individual plaintiffs, for that matter. See Board of School Commissioners v. Jacobs, 420 U.S. 128, 130, 95 S. Ct. 848, 850, 43 L. Ed. 2d 74 (1975) (where case or controversy no longer exists as to named plaintiffs, case is moot unless it was certified as a class action, a controversy still exists between defendants and members of the class, and the issue in controversy is capable of repetition yet evading review).
This decision does not in any meaningful way constitute a setback for plaintiffs. Currently pending before the Court is a motion for preliminary injunction and cross-motions for summary judgment in Vo Van Chau v. Department of State, Bureau of Consular Affairs, 891 F. Supp. 650. Plaintiffs in Van Chau bring the same claims and allegations against the DoS as plaintiffs allege in this case, so plaintiffs are not relegated back to the beginning of the queue by virtue of this decision, since the Court must soon make a determination as to the motions currently pending in Vo Van Chau. Accordingly, it hereby is
DECREED, that this case is moot. The Clerk of the Court is directed to transmit a copy of this Memorandum Opinion to the Court of Appeals.
Stanley S. Harris
United States District Judge
Date: SEP 11 1995