Case: WJA Realty Limited Partnership v. Nelson

1:88-cv-00810 | U.S. District Court for the Southern District of Florida

Filed Date: May 6, 1988

Clearinghouse coding complete

Case Summary

On May 6, 1988, the World Jai Alai Association Reality Limited Partnership (WJA) filed suit in the U.S. District Court for the Southern District of Florida, challenging the Immigration and Naturalization Service's suspension of work authorizations of Jai Alai players. The suspensions were pursuant to INS regulation 8 C.F.R. 214.2(h)(14)(iv) which allowed the suspension of employees holding H-1 visas in the event of a labor strike, provided that the Department of Labor certified that the strike…

On May 6, 1988, the World Jai Alai Association Reality Limited Partnership (WJA) filed suit in the U.S. District Court for the Southern District of Florida, challenging the Immigration and Naturalization Service's suspension of work authorizations of Jai Alai players. The suspensions were pursuant to INS regulation 8 C.F.R. 214.2(h)(14)(iv) which allowed the suspension of employees holding H-1 visas in the event of a labor strike, provided that the Department of Labor certified that the strike "would adversely affect the wages and working conditions of U.S. citizens or lawful resident workers."

Plaintiff alleged that the suspensions violated due process, the Administrative Procedure Act and the Immigration and Naturalization Act. It requested a TRO and a preliminary injunction.

The District Court (Judge William Marcellin Hoeveler) immediately denied the TRO request and indicated its probable intention to deny a preliminary injunction. Plaintiff then sought to amend the complaint to request a permanent injunction. The National Labor Relations Board moved to intervene in support of the plaintiff. The Board took the position that the regulation was invalid because it permitted the INS to interfere with employee rights. The government opposed intervention and moved for summary judgment.

On March 9, 1989, the District Court (Judge Hoeveler) issued an order and opinion allowing amendment of the complaint and intervention of the Board. Judge Hoeveler further granted the requested injunctive relief, finding that the INS regulation 8 C.F.R. sec. 214.2(h)(iv) was invalid as not rationally related to the Immigration and Naturalization Act and as in direct conflict with the National Labor Relations Act. WJA Realty LP v. INS, 708 F. Supp. 1268 (S.D.Fla. 1989).

We have no further information on this case.

Summary Authors

Dan Dalton (11/18/2007)

People


Judge(s)

Hoeveler, William Marcellin (Florida)

Attorneys(s) for Plaintiff

Ryce, Donald Jr. (Florida)

Attorneys(s) for Defendant

Mullenhoff, Jean (Florida)

Other Attorney(s)

Active

Active

Judge(s)

Hoeveler, William Marcellin (Florida)

Attorneys(s) for Plaintiff

Ryce, Donald Jr. (Florida)

Attorneys(s) for Defendant

Mullenhoff, Jean (Florida)

Other Attorney(s)

Kurzban, Ira J. (Florida)

Leiber, Margery (District of Columbia)

Documents in the Clearinghouse

Document

1:88-cv-00810

Docket [PACER]

WJA Realty Ltd. v. Nelson

May 6, 1988

May 6, 1988

Docket

1:88-cv-00810

Order Granting Permanent Injunction

WJA Realty LP v. INS

March 9, 1989

March 9, 1989

Order/Opinion

Docket

Last updated Sept. 23, 2022, 11:23 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Florida

Case Type(s):

Immigration and/or the Border

Labor Rights

Key Dates

Filing Date: May 6, 1988

Case Ongoing: No

Plaintiffs

Plaintiff Description:

World Jai Alai Association Reality Limited Partnership, opwner of several Jai Alai frontons

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Immigration and Naturalization Services, Federal

U.S. Department of Justice, Federal

U.S. Department of Labor, Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

National Labor Relations Act

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1989 - None

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Constitutional rights

Employment

Temporary foreign workers program

Visas - criteria

Visas - procedures

Work authorization - criteria