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Case Name WJA Realty Limited Partnership v. Nelson IM-FL-0014
Docket / Court 1:88-cv-00810-WMH ( S.D. Fla. )
State/Territory Florida
Case Type(s) Immigration
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 ... read more >
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.

Dan Dalton - 11/18/2007


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Issues and Causes of Action
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Issues
Immigration
Constitutional rights
Employment
Temporary foreign workers program
Visas - criteria
Visas - procedures
Work authorization - criteria
Plaintiff Type
Private Plaintiff
Causes of Action National Labor Relations Act
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) Immigration and Naturalization Services
U.S. Department of Justice
U.S. Department of Labor
Plaintiff Description World Jai Alai Association Reality Limited Partnership, opwner of several Jai Alai frontons
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1989 - n/a
Case Closing Year n/a
Case Ongoing No
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
1:88-cv-00810-WMH (S.D. Fla.) 05/06/1988
IM-FL-0014-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order Granting Permanent Injunction 03/09/1989 (708 F.Supp. 1268) (S.D. Fla.)
IM-FL-0014-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Hoeveler, William Marcellin (S.D. Fla.)
IM-FL-0014-0001 | IM-FL-0014-9000
Monitors/Masters None on record
Plaintiff's Lawyers Ryce, Donald Jr. (Florida)
IM-FL-0014-0001
Defendant's Lawyers Mullenhoff, Jean (Florida)
IM-FL-0014-0001
Other Lawyers Kurzban, Ira J. (Florida)
IM-FL-0014-0001
Leiber, Margery (District of Columbia)
IM-FL-0014-0001

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