Filed Date: Sept. 4, 1979
Closed Date: July 13, 1981
Clearinghouse coding complete
In 1979, plaintiffs, two legal resident aliens, filed a lawsuit against the Hidalgo County Community Action Agency, Inc. [HCCAA] in the U.S. District Court for the Southern District of Texas, challenging the Hidalgo County Community Action Agency's bylaws which excluded aliens from serving on its board of directors or voting in board elections. The Hidalgo County Community Action Agency, Inc. was a nonprofit corporation organized under Texas law that received federal funds under Title II of the Economic Opportunity Act of 1964, 42 U.S.C. §§ 2701-2995d. Plaintiffs alleged the bylaws violated the Equal Protection Clause and the Supremacy Clause. Plaintiffs sought a preliminary injunction to halt the board election. The request was denied.
On February 25, 1980, the district court entered judgment in favor of the plaintiffs, holding that the exclusion of aliens from voting for and serving on HCCAA's board violated the Equal Protection Clause. The Court set aside the board election results and the HCCAA appealed.
On July 13, 1981, the U.S. Court of Appeals for the 5th Circuit (Judge Wisdom) reversed the judgment of the District Court, finding that the bylaws passed equal protection scrutiny. The Court also held that the bylaws were not inconsistent with the Economic Opportunity Act or the regulations which interpreted the Act. Cervantes v. Guerra, 651 F.2d 974 (5th Cir. 1981).
Summary Authors
Brian Ponton (8/22/2007)
DeAnda, James (Texas)
Wisdom, John Minor (Louisiana)
Powell, George P. (Texas)
Yanez, Linda R. (Illinois)
Hiester, Travis (Texas)
DeAnda, James (Texas)
Wisdom, John Minor (Louisiana)
Last updated April 2, 2024, 3:08 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Texas
Case Type(s):
Key Dates
Filing Date: Sept. 4, 1979
Closing Date: July 13, 1981
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Two legal permanent residents who were denied the ability to vote or run for positions on their Community Action Agency's board of directors due to their alien status.
Plaintiff Type(s):
Public Interest Lawyer: Unknown
Filed Pro Se: Unknown
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Hidalgo County (Hidalgo), County
Case Details
Causes of Action:
Constitutional Clause(s):
Federalism (including 10th Amendment)
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Content of Injunction:
Issues
General:
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Immigration/Border: