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GOOCH v. CLARK

Nos. 24788, 24791.

433 F.2d 74 (1970)

Joe GOOCH and Rafael Bustamante, et al., Plaintiffs-Appellants, v. Ramsey CLARK et al., Defendants-Respondents. George MEANY et al., Plaintiffs in Intervention-Appellants, v. Ramsey CLARK et al., Defendants-Respondents.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 1, 1970.

Attorney(s) appearing for the Case

Sheldon L. Greene (argued), San Francisco, Cal., for Gooch and others.

Donald C. Carroll (argued) and Charles P. Scully, San Francisco, Cal., Woll & Mayer, Washington, D. C., for Meany and others.

Cecil F. Poole, U. S. Atty. and David R. Urdan, Asst. U. S. Atty., Ralph Farb (argued), Stephen Suffin, I. & N. S., San Francisco, Cal., Will Wilson, Asst. Atty. Gen., Charles Gordon, Gen. Counsel, I. & N. S., Washington, D.C., for appellees.

Before HAMLEY, HUFSTEDLER, and WRIGHT, Circuit Judges.

HUFSTEDLER, Circuit Judge:

The central issue on appeal is this: Does the 1952 Immigration and Nationality Act, as amended in 1965, close our international borders to "alien commuters", numbering some 30,000 to 40,000 persons? An alien or "green card" commuter is an alien who has been admitted into the United States for permanent residence, but who chooses to keep a home in Canada or Mexico and to cross daily or seasonally...

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