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AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES v. ILCHERT

No. 77-3467.

619 F.2d 796 (1980)

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1616, and James R. Dorcy, on behalf of himself and all others similarly situated, Plaintiffs-Appellants, v. David N. ILCHERT, District Director, UNITED STATES Immigration and Naturalization Service; Ed O'Connor, Regional Commissioner, Western Region, UNITED STATES Immigration and Naturalization Service; Leonard F. Chapman, Commissioner, UNITED STATES Immigration and Naturalization Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 13, 1980.

Attorney(s) appearing for the Case

Steven M. Kipperman, Kipperman, Shawn, Keker & Brockett, San Francisco, Cal., for plaintiffs-appellants.

Patrick R. S. Bupara, Asst. U. S. Atty., San Francisco, Cal., argued, for defendants-appellees; Robert S. Mueller, III, Asst. U. S. Atty., San Francisco, Cal., on brief.

Before CHOY and GOODWIN, Circuit Judges, and SOLOMON, District Judge.

PER CURIAM:

The American Federation of Government Employees (AFGE) and James R. Dorcy appeal from a judgment affirming an Immigration and Naturalization Service (INS) regulation, Administrative Manual ¶ 2818.04.2a1 and an INS interpretation of section 1353a of Title 8, United States Code.2 This regulation and this section required immigration officers who received...

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