University of Michigan Law School
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Case Name Bustos v. Mitchell IM-DC-0004
Docket / Court Not available ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Immigration
Case Summary
In the early 1970s, several farmworkers and the United Farm Workers Organizing Committee, a collective-bargaining agent, brought suit in the United States District Court for the District of Columbia, challenging the Immigration and Naturalization Service's practice of permitting Mexican aliens to ... read more >
In the early 1970s, several farmworkers and the United Farm Workers Organizing Committee, a collective-bargaining agent, brought suit in the United States District Court for the District of Columbia, challenging the Immigration and Naturalization Service's practice of permitting Mexican aliens to commute either daily or seasonally from their homes in Mexico to farm jobs in the U.S. under the "special immigrant"' classification of the Immigration and Nationality Act. Plaintiffs' complaint sought declaratory and injunctive relief to stop the practice.

After the parties filed cross-motions for summary judgment, the District Court (Judge Aubrey E. Robinson, Jr.) upheld the practice, entered judgment in favor of the defendants, and dismissed the action. On appeal, the Court of Appeals upheld the practice and classification scheme as applied to daily commuters but rejected it as to seasonal ones. It reversed the District Court's judgment in part and remanded the case. Bustos v. Mitchell, 481 F.2d 479 (D.C.Cir. 1973). Certiorari was granted by the U.S. Supreme Court. Saxbe v. Bustos, 414 U.S. 1143, 94 S.Ct. 891, 39 L.Ed.2d 97 (1974).

The Supreme Court affirmed in part and reversed in part, holding that alien commuters from Mexico and Canada were immigrants who were "lawfully admitted for permanent residence," and were "returning from a temporary visit abroad" within the meaning of the Immigration and Nationality Act when they entered the United States. As such, the Court concluded that the INS had properly extended the "special immigrant" classification to both daily and seasonal commuters. Saxbe v. Bustos, 419 U.S. 65, 95 S.Ct. 272, 42 L.Ed.2d 231 (1974). On remand, the Court of Appeals vacated its opinion in part. Bustos v. Saxbe, 510 F.2d 223 (D.C.Cir. 1975) and the case was dismissed.

Dan Dalton - 12/30/2007


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Issues and Causes of Action
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Issues
Immigration
Admission - criteria
Employment
Temporary foreign workers program
Temporary visitors
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. ยงยง 1101 et seq.
Defendant(s) Attorney General of the United States
Immigration and Naturalization Service
Plaintiff Description All citizens and alien permanent residents of the United States engaged in farm labor in California.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 1975
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, Saxbe v. Bustos, 419 U.S. 65 (1974).
www.oyez.org
Posted: Nov. 25, 1974
By: Oyez Project (IIT Chicago-Kent College of Law)
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Opinion 04/16/1973 (481 F.2d 479)
IM-DC-0004-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Supreme Court Order 01/14/1974 (414 U.S. 1143)
IM-DC-0004-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Supreme Court Opinion 11/25/1974 (419 U.S. 65)
IM-DC-0004-0003 PDF | WESTLAW| LEXIS | Detail
Document Source: Westlaw
USCA Order 02/18/1975 (510 F.2d 223)
IM-DC-0004-0004 PDF | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Judges Edwards, George Clifton Jr. (Sixth Circuit)
IM-DC-0004-0001
Pratt, John Helm (D.D.C.)
IM-DC-0004-0001
Monitors/Masters None on record
Plaintiff's Lawyers Evans, Mark L. (District of Columbia)
IM-DC-0004-0003
Defendant's Lawyers None on record
Other Lawyers Farb, Ralph (New York)
IM-DC-0004-0001
Karr, John W. (District of Columbia)
IM-DC-0004-0001
Onek, Joseph (District of Columbia)
IM-DC-0004-0001
Terris, Bruce J (District of Columbia)
IM-DC-0004-0001 | IM-DC-0004-0003
Terry, John A. (District of Columbia)
IM-DC-0004-0001
Titus, Harold H. Jr. (District of Columbia)
IM-DC-0004-0001
Zimmerman, Gil (District of Columbia)
IM-DC-0004-0001

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