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Case Name Mow Sun Wong v. Hampton IM-CA-0045
Docket / Court C-70-2730 ( N.D. Cal. )
State/Territory California
Case Type(s) Immigration
Case Summary
In 1970, five Chinese resident alien civil service employees filed suit in the United States District Court for the Northern District of California, challenging their dismissal from federal government jobs after it was discovered that they were not U.S. citizens. Plaintiffs sought to overturn ... read more >
In 1970, five Chinese resident alien civil service employees filed suit in the United States District Court for the Northern District of California, challenging their dismissal from federal government jobs after it was discovered that they were not U.S. citizens. Plaintiffs sought to overturn regulation 5 C.F.R. ยง 338.101 (1971) of the United States Civil Service Commission, which excluded non-citizens from the competitive civil service jobs, as being unconstitutional.

The District Court (Judge Peckham) upheld the regulation and the plaintiffs appealed. Mow Sun Wong v. Hampton, 333 F.Supp. 527 (N.D.Cal. 1971). The Ninth Circuit reversed the dismissal. Mow Sun Wong v. Hampton, 500 F.2d 1031 (9th Cir. 1974). The Supreme Court granted certiorari. Hampton v. Mow Sun Wong, 417 U.S. 944, 94 S.Ct. 3067, 41 L.Ed.2d 664 (1974).

In a 5-4 decision, the Supreme Court (Justice John Paul Stevens) affirmed the Ninth Circuit opinion and found that the challenged regulation deprived the plaintiffs of liberty without due process of law and was therefore invalid. Hampton v. Mow Sun Wong, 426 U.S. 88, 96 S.Ct. 1895, 48 L.Ed.2d 495 (1976).

On remand, the named plaintiffs moved for injunctive relief consistent with the Supreme Court's decision. However, in response to that decision, President Ford issued Executive Order No. 11935 (September 2, 1976) which barred aliens from virtually all federal civil service jobs. The District Court denied plaintiffs' requested injunctive relief on the basis of President Ford's executive order, which the Court found to be within his authority. Mow Sun Wong v. Hampton, 435 F.Supp. 37 (N.D.Cal.1977). Plaintiffs appealed, but the Ninth Circuit affirmed. Mow Sun Wong v. Campbell, 626 F.2d 739 (9th Cir. 1980) Certiorari was denied Lum v. Campbell, 450 U.S. 959, 101 S.Ct. 1419, 67 L.Ed.2d 384 (1981).

We have no further information on the case.

Dan Dalton - 12/03/2007


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Issues and Causes of Action
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Issues
General
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Immigration
Constitutional rights
Employment
Plaintiff Type
Private Plaintiff
Causes of Action Bivens
Defendant(s) U.S. Civil Service Commission
Plaintiff Description Five Chinese resident alien civil service employees who were fired after it was discovered that they were not U.S. citizens
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 1981
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 ]

Links The Oyez Project, Hampton v. Mow Sun Wong, 426 U.S. 88 (1976).
www.oyez.org
Posted: Jun. 01, 1976
By: Oyez Project (IIT Chicago-Kent College of Law)
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Memorandum and Order Granting Defendant's Motion to Dismiss 08/30/1971 (333 F.Supp. 527) (N.D. Cal.)
IM-CA-0045-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 01/25/1974 (500 F.2d 1031)
IM-CA-0045-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
[granting certiorari] 06/10/1974 (417 U.S. 944)
IM-CA-0045-0005.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Order [Re: Motion for Appointment of Counsel] 11/03/1975 (423 U.S. 921)
IM-CA-0045-0008.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Supreme Court Opinion 06/01/1976 (426 U.S. 88)
IM-CA-0045-0006.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Memorandum and Opinion 03/31/1977 (435 F.Supp. 37) (N.D. Cal.)
IM-CA-0045-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
[Appellate Opinion] 09/02/1980 (626 F.2d 739)
IM-CA-0045-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
[cert. denied] 02/23/1981 (450 U.S. 959)
IM-CA-0045-0007.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Judges Barnes, Stanley Nelson (Ninth Circuit)
IM-CA-0045-0002 | IM-CA-0045-0003
Brennan, William Joseph Jr. (SCOTUS)
IM-CA-0045-0007
Marshall, Thurgood (Second Circuit, SCOTUS)
IM-CA-0045-0007
Peckham, Robert Francis (N.D. Cal.)
IM-CA-0045-0001 | IM-CA-0045-0004
Stevens, John Paul (Seventh Circuit, SCOTUS)
IM-CA-0045-0006
Wallace, John Clifford (Ninth Circuit, S.D. Cal.)
IM-CA-0045-0002 | IM-CA-0045-0003
White, Byron Raymond (SCOTUS)
IM-CA-0045-0007
Wright, Eugene Allen (Ninth Circuit)
IM-CA-0045-0002 | IM-CA-0045-0003
Monitors/Masters None on record
Plaintiff's Lawyers Hecht, Kenneth (California)
IM-CA-0045-0004
Lee, Dennis A (California)
IM-CA-0045-0002
Lee, Patricia D. (California)
IM-CA-0045-0004
Lowe, Stephen M (California)
IM-CA-0045-0001
Siedman, Jack (California)
IM-CA-0045-0002
Steinman, Edward H (California)
IM-CA-0045-0003 | IM-CA-0045-0004 | IM-CA-0045-0006
Defendant's Lawyers Bork, Robert Heron (District of Columbia)
IM-CA-0045-0004 | IM-CA-0045-0006
Browning, James L. Jr. (District of Columbia)
IM-CA-0045-0002
Denton, Brian B. (California)
IM-CA-0045-0001
Ristau, Bruno A (District of Columbia)
IM-CA-0045-0002 | IM-CA-0045-0003
Rosenthal, Alan S (District of Columbia)
IM-CA-0045-0002
Shefler, Stephen A (California)
IM-CA-0045-0004
Other Lawyers None on record

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