Case: Marrone v. U. S. Immigration & Naturalization Service

1:70-cv-01225 | U.S. District Court for the Eastern District of New York

Filed Date: Sept. 28, 1970

Closed Date: June 18, 1974

Clearinghouse coding complete

Case Summary

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 f…

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)

People


Judge(s)

Smith, John Joseph (Connecticut)

Timbers, William Homer (New York)

Tyler, Harold R. Jr. (New York)

Attorneys(s) for Plaintiff

Rothstein, Martin L (New York)

Attorneys(s) for Defendant

Boyd, Edward John (New York)

Marks, Jonathan M. (New York)

Judge(s)

Smith, John Joseph (Connecticut)

Timbers, William Homer (New York)

Tyler, Harold R. Jr. (New York)

Attorneys(s) for Plaintiff

Rothstein, Martin L (New York)

Attorneys(s) for Defendant

Boyd, Edward John (New York)

Marks, Jonathan M. (New York)

Documents in the Clearinghouse

Document

73-02631

Per Curiam Opinion

Marrone v. U.S. Immigration and Naturalization Service

U. S. Court of Appeals for the Second Circuit

500 F.2d 418

June 18, 1974

June 18, 1974

Order/Opinion

Resources

Docket

Last updated Aug. 10, 2022, 3:06 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

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):

Private Plaintiff

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.

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

None

Source of Relief:

None

Issues

Immigration/Border:

Employment