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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