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Case Name Cermeno-Cerna v. Farrell IM-CA-0013
Docket / Court 68-403-R ( C.D. Cal. )
State/Territory California
Case Type(s) Immigration
Case Summary
On March 12, 1968, permanent resident aliens who had pending deportation proceedings filed a complaint against the Immigration and Naturalization Service in the U.S. District Court for the Central District of California, challenging immigration regulation 8 C.F.R. 211.1. Plaintiffs were all ... read more >
On March 12, 1968, permanent resident aliens who had pending deportation proceedings filed a complaint against the Immigration and Naturalization Service in the U.S. District Court for the Central District of California, challenging immigration regulation 8 C.F.R. 211.1. Plaintiffs were all holders of immigration form I-151 ("green cards") who lived in the U.S. and worked for Giumarra Vineyards. Plaintiffs temporarily left the U.S. and attempted to return to work for Giumarra. When they attempted reentry, plaintiffs were all detained and subjected to deportation proceedings pursuant to the challenged regulation. The regulation established two classes of aliens:

1. Those returning to employers which the Secretary of Labor had certified that a labor dispute exists, who were not allowed to use their I-151 green card for entry; and

2. Those returning to employers not certified by the Secretary of Labor who can use their I-151 green card for entry.

As the plaintiffs were attempting to return to work for Giumarra, and as Giumarra was involved in a labor dispute certified by the Secretary of Labor, plaintiffs were denied reentry with their green cards. Plaintiffs brought their claims under the Declaratory Judgment Act, 28 U.S.C. §§ 1331, 1361, 2201 and the Administrative Procedure Act, 5 U.S.C. §§ 551 et seq., 701 et seq. They sought declaratory and injunctive relief to restrain the INS from deporting plaintiffs. They also sought class certification.

On August 2, 1968, the District Court (Judge Real) issued its order and judgment in favor of the defendants, finding that plaintiffs did not have standing to challenge the regulation. Cermeno-Cerna v. Farrell, 201 F.Supp. 521 (C.D. Cal. 1968).

We have no further information about this case.

Elizabeth Daligga - 06/26/2012


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Issues and Causes of Action
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Issues
Immigration
Deportation - criteria
Deportation - judicial review
Deportation - procedure
Undocumented immigrants - rights and duties
Undocumented immigrants - state and local regulation
Plaintiff Type
Private Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) Immigration and Naturalization Service
Plaintiff Description Aliens with pending deportation trials attempting to force the Attorney General to allow them to stay in the country.
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 None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 1968
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
Memorandum of Decision 08/02/1968 (291 F.Supp. 521) (C.D. Cal.)
IM-CA-0013-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Real, Manuel Lawrence (C.D. Cal.)
IM-CA-0013-0001
Monitors/Masters None on record
Plaintiff's Lawyers Bonaparte, Ronald H. (California)
IM-CA-0013-0001
Defendant's Lawyers Brosio, Frederick M. Jr. (California)
IM-CA-0013-0001
Byrne, William Matthew Jr. (California)
IM-CA-0013-0001
Dooley, James R. (California)
IM-CA-0013-0001
Other Lawyers Cohen, Jerome (California)
IM-CA-0013-0001
Hackler, Charles K. (California)
IM-CA-0013-0001
Mayer, Robert C. (District of Columbia)
IM-CA-0013-0001
McDaniel, Donald C. (California)
IM-CA-0013-0001
Woll, J. Albert (District of Columbia)
IM-CA-0013-0001

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