Case: Mow Sun Wong v. Hampton

3:70-02730 | U.S. District Court for the Northern District of California

Filed Date: Dec. 22, 1970

Closed Date: 1981

Clearinghouse coding complete

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 regulation 5 C.F.R. § 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…

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. § 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.

Summary Authors

Dan Dalton (12/3/2007)

People


Judge(s)

Barnes, Stanley Nelson (California)

Brennan, William Joseph Jr. (District of Columbia)

Attorney for Plaintiff
Attorney for Defendant

Bork, Robert Heron (District of Columbia)

Browning, James L. Jr. (District of Columbia)

Denton, Brian B. (California)

Judge(s)

Barnes, Stanley Nelson (California)

Brennan, William Joseph Jr. (District of Columbia)

Marshall, Thurgood (District of Columbia)

Peckham, Robert Francis (California)

Stevens, John Paul (District of Columbia)

Wallace, John Clifford (California)

White, Byron Raymond (District of Columbia)

Wright, Eric W. (California)

show all people

Documents in the Clearinghouse

Document

3:70-02730

Memorandum and Order Granting Defendant's Motion to Dismiss

Aug. 30, 1971

Aug. 30, 1971

Order/Opinion

72-01079

Opinion

U. S. Court of Appeals for the Ninth Circuit

Jan. 25, 1974

Jan. 25, 1974

Order/Opinion

73-01596

[granting certiorari]

Hampton v. Mow Sun Wong

Supreme Court of the United States

June 10, 1974

June 10, 1974

Order/Opinion

73-01596

Order [Re: Motion for Appointment of Counsel]

Hampton v. Mow Sun Wong

Supreme Court of the United States

Nov. 3, 1975

Nov. 3, 1975

Order/Opinion

73-01596

Supreme Court Opinion

Hampton v. Mow Sun Wong

Supreme Court of the United States

June 1, 1976

June 1, 1976

Order/Opinion

3:70-02730

Memorandum and Opinion

March 31, 1977

March 31, 1977

Order/Opinion

77-02649

[Appellate Opinion]

Mow Sun Wong v. Campbell

U. S. Court of Appeals for the Ninth Circuit

Sept. 2, 1980

Sept. 2, 1980

Order/Opinion

80-05824

[cert. denied]

Lum v. Campbell

Supreme Court of the United States

Feb. 23, 1981

Feb. 23, 1981

Order/Opinion

Resources

Docket

Last updated Jan. 9, 2024, 3:10 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Dec. 22, 1970

Closing Date: 1981

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Five Chinese resident alien civil service employees who were fired after it was discovered that they were not U.S. citizens

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Civil Service Commission, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Available Documents:

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General:

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Immigration/Border:

Constitutional rights

Employment