Filed Date: Sept. 28, 1970
Closed Date: June 18, 1974
Clearinghouse coding complete
In the early 1970s, Angelo Marrone, an immigration inspector for the INS, filed a class action lawsuit in the United States District Court for the Eastern District of New York to challenge a revised classification standard issued by the INS and the Civil Service Commission for immigrant inspectors, grade GS-9. Plaintiff alleged that that the enactment of the standard was arbitrary, unreasonable, and capricious as the revised standard was based upon an inaccurate description of the duties and functions of immigration inspectors.
After suit was filed, the District Court certified the case as a class action, with the class consisting of "all immigration inspectors, grade GS-9, on September 24, 1970, or thereafter." Defendants moved for summary judgment, arguing that plaintiff failed to exhaust his administrative remedy. Plaintiff filed a cross-motion for summary judgment. On October 4, 1973, the District Court (Judge Walter Bruchhausen) entered summary judgment in favor of defendants and plaintiff appealed.
The Second Circuit Court of Appeals reversed, finding that summary judgment was premature as genuine issues of fact existed. The Court remanded the case with instructions to have a member of the plaintiff class pursue an administrative appeal with the Civil Service Commission, so as to exhaust the available administrative remedies. Marrone v. U. S. Immigration and Naturalization Service, 500 F.2d 418 (2nd Cir. 1974).
We have no further information on this case.
Summary Authors
Dan Dalton (11/4/2007)
Smith, John Joseph (Connecticut)
Timbers, William Homer (New York)
Tyler, Harold R. Jr. (New York)
Rothstein, Martin L (New York)
Boyd, Edward John (New York)
Marks, Jonathan M. (New York)
Smith, John Joseph (Connecticut)
Timbers, William Homer (New York)
Tyler, Harold R. Jr. (New York)
Rothstein, Martin L (New York)
Boyd, Edward John (New York)
Marks, Jonathan M. (New York)
Last updated May 3, 2023, 3:18 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: New York
Case Type(s):
Key Dates
Filing Date: Sept. 28, 1970
Closing Date: June 18, 1974
Case Ongoing: No
Plaintiffs
Plaintiff Description:
All immigration inspectors, grade GS-9, on September 24, 1970, or thereafter.
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Immigration and Naturalization Service , Federal
U.S. Civil Service Commission, Federal
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Available Documents:
Outcome
Prevailing Party: Unknown
Nature of Relief:
Source of Relief:
Issues
Immigration/Border: