In the early 1970s, Angelo Marrone, an immigration inspector for the INS, filed a class action lawsuit in the United States District Court for the Eastern District of New York to challenge a revised classification standard issued by the INS and the Civil Service Commission for immigrant inspectors, grade GS-9. Plaintiff alleged that that the enactment of the standard was arbitrary, unreasonable, and capricious as the revised standard was based upon an inaccurate description of the duties and functions of immigration inspectors.

After suit was filed, the District Court certified the case as a class action, with the class consisting of "all immigration inspectors, grade GS-9, on September 24, 1970, or thereafter." Defendants moved for summary judgment, arguing that plaintiff failed to exhaust his administrative remedy. Plaintiff filed a cross-motion for summary judgment. On October 4, 1973, the District Court (Judge Walter Bruchhausen) entered summary judgment in favor of defendants and plaintiff appealed.

The Second Circuit Court of Appeals reversed, finding that summary judgment was premature as genuine issues of fact existed. The Court remanded the case with instructions to have a member of the plaintiff class pursue an administrative appeal with the Civil Service Commission, so as to exhaust the available administrative remedies. Marrone v. U. S. Immigration and Naturalization Service, 500 F.2d 418 (2nd Cir. 1974).

We have no further information on this case.

Dan Dalton - 11/04/2007


compress summary