University of Michigan Law School
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Case Name International Union of Bricklayers and Allied Craftsmen v. Meese IM-CA-0038
Docket / Court C-85-1253-CAL ( N.D. Cal. )
State/Territory California
Case Type(s) Immigration
Case Summary
On January 29, 1985, the Bricklayers' union and a local affiliate brought suit in the United States District Court for the Northern District of California, challenging Immigration and Naturalization Service internal agency guidelines which permitted issuance of B-1 "temporary visitor for ... read more >
On January 29, 1985, the Bricklayers' union and a local affiliate brought suit in the United States District Court for the Northern District of California, challenging Immigration and Naturalization Service internal agency guidelines which permitted issuance of B-1 "temporary visitor for business" visas to foreign laborers coming to United States temporarily to work. Plaintiffs alleged that the issuance of visas to foreign laborers under the authority of INS Operations Instruction 214.2(b)(5), an INS internal agency guideline, violated the Immigration and Nationality Act, 8 U.S.C. §§ 1101-1524 and the Administrative Procedure Act, 5 U.S.C. §§ 551-559, 701-706. The suit stemmed from the government issuing B-1 "temporary visitor for business" visa petitions to ten West Germans so that they could work to install a new gold ore processing system in California.

The parties filed cross-motions for summary judgment. The District Court (Judge Legge) entered judgment in favor of plaintiffs, finding that the challenged guideline violated Immigration and Nationality Act. The Court issued an injunction prohibiting INS from issuing such visas and made the order retroactive. International Union of Bricklayers and Allied Craftsmen v. Meese, 616 F.Supp. 1387 (N.D.Cal. Aug. 28, 1985).

Note that prior to filing the case in federal court in California, plaintiffs had filed a separate identical case in the United States District Court for the District of Columbia. That case was dismissed by the District Court for lack of jurisdiction, lack of standing, and mootness. The dismissal was reversed on appeal. International Union of Bricklayers and Allied Craftsmen v. Meese, 761 F.2d 798 (D.C.C. 1985).

Dan Dalton - 11/13/2007


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Issues and Causes of Action
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Issues
Immigration
Employment
Temporary foreign workers program
Temporary visitors
Visas - criteria
Visas - procedures
Work authorization - criteria
Work authorization - procedures
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) Attorney General of the United States
Homestake Mining Company of California
Immigration and Naturalization Service
Plaintiff Description International Union of Bricklayers and Allied Craftsmen
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 1985 - n/a
Case Closing Year n/a
Case Ongoing Unknown
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)
No docket sheet currently in the collection
General Documents
Appellate Opinion 05/17/1985 (761 F.2d 798)
IM-CA-0038-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion and Order Granting Summary Judgment 08/28/1985 (616 F.Supp. 1387) (N.D. Cal.)
IM-CA-0038-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Davis, David (SCOTUS)
IM-CA-0038-0001
Edwards, Harry Thomas (D.C. Circuit)
IM-CA-0038-0001
Legge, Charles A. (N.D. Cal.)
IM-CA-0038-0002
Wald, Patricia McGowan (D.C. Circuit)
IM-CA-0038-0001
Monitors/Masters None on record
Plaintiff's Lawyers Berzon, Stephen P. (California)
IM-CA-0038-0002
Berzon, Marsha Siegel (California)
IM-CA-0038-0002
Rubin, Michael (California)
IM-CA-0038-0002
Defendant's Lawyers Bornstein, Jeffrey L (California)
IM-CA-0038-0002
Hussey, Thomas W. (District of Columbia)
IM-CA-0038-0001
Keener, Dana Marks (California)
IM-CA-0038-0002
Willard, Richard K. (District of Columbia)
IM-CA-0038-0001
Other Lawyers None on record

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