TRUJILLO-HERNANDEZ v. FARRELL

Nos. 73-1845, 73-3005.

503 F.2d 954 (1974)

Senobio TRUJILLO-HERNANDEZ, Individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. Raymond S. FARRELL, Commissioner of United States Immigration and Naturalization Service, et al., etc., Defendants-Appellees (two cases).

United States Court of Appeals, Fifth Circuit.

November 13, 1974.


Attorney(s) appearing for the Case

George J. Korbel, Mario Obledo, Ed Idar, Jr., San Antonio, Tex., Sanford Jay Rosen, San Francisco, Cal., R. P. Sanchez, McAllen, Tex., for plaintiff-appellant.

Anthony J. P. Farris, U. S. Atty., B. Stephen Rice, Robert Darden, Asst. U. S. Attys., Houston, Tex., Joseph Sureck, Regional Counsel, Southwest Region, I. N. S., San Pedro, Cal., John L. Murphy, Administrative Regulations Service, Crim. Div., Dept. of Justice, Washington, D. C., Mary L. Sinderson, Asst. U. S. Atty., Houston, Tex., Pete Magaro, I. N. S., San Antonio, Tex., James R. Gough, Helen Eversberg, Asst. U. S. Attys., Houston, Tex., for defendants-appellees.

Before WISDOM and BELL, Circuit Judges, BREWSTER, District Judge.


PER CURIAM:

In this consolidated appeal, Senobio Trujillo-Hernandez, acting both as an affected individual and as a class representative, challenges the English language requirement of the naturalization statute, 8 U.S.C. § 1423(1), and its associated regulations. The district court denied his petition for naturalization and dismissed his class action without granting the application for a three-judge court.

Although aliens are entitled to due process...

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