Polovchak v. Mees

774 F.2d 731 (7th Cir. 1985)

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Nature of the Case

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Facts

Michael and Anna Polovchak were citizens of the U.S.S.R. and left that country with their three children and come to the U.S. in 1980. They settled in Chicago but after a few months decided to return to the U.S.S.R. Their two children decided they did not want to go back. Nataly was 17 and Walter was 12. The children left their home and went to live with a cousin, and Michael sought the aid of the police in returning his son. The police took Walter to the police station where they learned the boy just didn't want to go back to the U.S.S.R. INS and the State Department advised the police to institute custody proceedings; that was done. Walter and his attorney filed an application for asylum. The reason stated on the application was that he was Baptist and that he would be persecuted by the Soviet Union because of his religious beliefs. Asylum was granted. Both children were adjudicated wards of the court removing them from the custody of their parents. The court of appeals reversed, and the Supreme Court of Illinois affirmed that decision. The Department of Justice joined the fray and issued an amicus curiae brief stating that the President would issue a departure control order that would prevent Walter from leaving the U.S. Micheal and Anna (P) then brought an action in federal district court regarding the issuance of asylum to their son; it violated procedural due process because they had not been notified nor had an opportunity to be heard and violated their privacy rights with respect to being a family. The federal court issued summary judgment to P and issued a permanent injunction against enforcement of a departure control order. The government, Attorney General Meese, appealed.