Case: Cermeno-Cerna v. Farrell

68-cv-00403 | U.S. District Court for the Central District of California

Filed Date: March 12, 1968

Closed Date: 1968

Clearinghouse coding complete

Case Summary

On March 12, 1968, permanent resident aliens who had pending deportation proceedings filed a complaint against the Immigration and Naturalization Service in the U.S. District Court for the Central District of California, challenging immigration regulation 8 C.F.R. 211.1. Plaintiffs were all holders of immigration form I-151 ("green cards") who lived in the U.S. and worked for Giumarra Vineyards. Plaintiffs temporarily left the U.S. and attempted to return to work for Giumarra. When they atte…

On March 12, 1968, permanent resident aliens who had pending deportation proceedings filed a complaint against the Immigration and Naturalization Service in the U.S. District Court for the Central District of California, challenging immigration regulation 8 C.F.R. 211.1. Plaintiffs were all holders of immigration form I-151 ("green cards") who lived in the U.S. and worked for Giumarra Vineyards. Plaintiffs temporarily left the U.S. and attempted to return to work for Giumarra. When they attempted reentry, plaintiffs were all detained and subjected to deportation proceedings pursuant to the challenged regulation. The regulation established two classes of aliens:

1. Those returning to employers which the Secretary of Labor had certified that a labor dispute exists, who were not allowed to use their I-151 green card for entry; and

2. Those returning to employers not certified by the Secretary of Labor who can use their I-151 green card for entry.

As the plaintiffs were attempting to return to work for Giumarra, and as Giumarra was involved in a labor dispute certified by the Secretary of Labor, plaintiffs were denied reentry with their green cards. Plaintiffs brought their claims under the Declaratory Judgment Act, 28 U.S.C. §§ 1331, 1361, 2201 and the Administrative Procedure Act, 5 U.S.C. §§ 551 et seq., 701 et seq. They sought declaratory and injunctive relief to restrain the INS from deporting plaintiffs. They also sought class certification.

On August 2, 1968, the District Court (Judge Real) issued its order and judgment in favor of the defendants, finding that plaintiffs did not have standing to challenge the regulation. Cermeno-Cerna v. Farrell, 201 F.Supp. 521 (C.D. Cal. 1968).

We have no further information about this case.

Summary Authors

Elizabeth Daligga (6/26/2012)

People


Judge(s)

Chambers, Richard Harvey (Arizona)

Choy, Herbert Young Cho (Hawaii)

Real, Manuel Lawrence (California)

Wright, Eugene Allen (Washington)

Attorneys(s) for Plaintiff

Bonaparte, Ronald H. (California)

Attorneys(s) for Defendant

Brosio, Frederick M. Jr. (California)

Byrne, William Matthew Jr. (California)

Dooley, James R. (California)

Mitchell, John N. (District of Columbia)

Sureck, Joseph (California)

Judge(s)

Chambers, Richard Harvey (Arizona)

Choy, Herbert Young Cho (Hawaii)

Real, Manuel Lawrence (California)

Wright, Eugene Allen (Washington)

Attorneys(s) for Plaintiff

Bonaparte, Ronald H. (California)

Attorneys(s) for Defendant

Brosio, Frederick M. Jr. (California)

Byrne, William Matthew Jr. (California)

Dooley, James R. (California)

Mitchell, John N. (District of Columbia)

Sureck, Joseph (California)

Zvetina, Raymond F. (California)

Other Attorney(s)

Cohen, Jerome (California)

Hackler, Charles K. (California)

Mayer, Robert C. (District of Columbia)

McDaniel, Donald C. (California)

Woll, J. Albert (District of Columbia)

Documents in the Clearinghouse

Document

Memorandum of Decision

Cermena-Cerna v. Farrell

291 F.Supp. 521, 1968 U.S.Dist.LEXIS 9274

Aug. 2, 1968 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: March 12, 1968

Closing Date: 1968

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Aliens with pending deportation trials attempting to force the Attorney General to allow them to stay in the country.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Immigration and Naturalization Service , Federal

Case Details

Causes of Action:

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

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Immigration/Border:

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation