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Case Name Angco v. Haig IM-PA-0002
Docket / Court 79-4636 ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Immigration
Case Summary
In 1979, a group of Philippine permanent visa applicants who were working as registered nurses in the U.S. under temporary visas filed suit in the U.S. District Court for the Eastern District of Pennsylvania to challenge the way visas were being distributed under Section 202(e) of the 1976 ... read more >
In 1979, a group of Philippine permanent visa applicants who were working as registered nurses in the U.S. under temporary visas filed suit in the U.S. District Court for the Eastern District of Pennsylvania to challenge the way visas were being distributed under Section 202(e) of the 1976 amendments to the Immigration and Nationality Act, 8 U.S.C.A. § 1152 (e). That section changed the manner in which citizens of a foreign country were admitted to the U.S. as permanent residents. Under the amendment, whenever the maximum number of visas had been made available to natives of any single foreign state (such as the Philippines) in any fiscal year, in the next following fiscal year a number of visas not to exceed 20,000 was to be allocated according to eight preference categories which included familial relation, job status, and refugee designation. Those in higher preference categories in a country with sufficient demand were likely to preclude those in lower categories from obtaining visas. Plaintiffs were third and sixth preference applicants and were denied visas due to high demand from Philippine applicants. They disputed the legality of the section and sought declaratory and injunctive relief.

The parties filed cross-motions for summary judgment.

On May 29, 1981, the District Court (Judge William Ditter, Jr.) issued its opinion in which it construed what it called "a unique and obscure provision" of the Immigration and Nationality Act Amendments of 1976. The Court engaged in a detailed analysis of statutory construction and the legislative history and found that the statute required that the Court rule in favor of the defendants. Angco v. Haig, 514 F.Supp. 1328 (D.C. Pa. 1981). There was no record that the ruling was appealed and we have no further on information on this case.

Stephen Imm - 08/14/2007


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Issues and Causes of Action
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Issues
Immigration
Admission - criteria
Admission - procedure
U.S. citizenship - acquiring
Visas - criteria
Visas - procedures
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Defendant(s) Department of State
Plaintiff Description Philippine permanent visa applicants who were working as registered nurses in the U.S. under temporary visas filed suit and were denied permanent visas.
Indexed Lawyer Organizations None on record
Class action status sought Unknown
Class action status granted Unknown
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
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 ]

Docket(s)
No docket sheet currently in the collection
General Documents
Opinion 05/29/1981 (514 F.Supp. 1328) (E.D. Pa.)
IM-PA-0002-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Ditter, John William Jr. (E.D. Pa.)
IM-PA-0002-0001
Monitors/Masters None on record
Plaintiff's Lawyers Steel, Richard D. (Pennsylvania)
IM-PA-0002-0001
Defendant's Lawyers Bellin, Bruce G. (District of Columbia)
IM-PA-0002-0001
Ewing, Alexander Jr. (Pennsylvania)
IM-PA-0002-0001
Vaira, Peter F. Jr. (Pennsylvania)
IM-PA-0002-0001
Other Lawyers None on record

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