Immigration and Naturalization Serv ice v. National Center for Immigrants' Rights

PETITIONER: Immigration And Naturalization Service et al.
RESPONDENT: National Center For Immigrants' Rights, Inc., et al.
LOCATION: Nathan Bishop Middle School

DOCKET NO.: 90-1090
DECIDED BY: Rehnquist Court (1991-1993)
LOWER COURT: United States Court of Appeals for the Ninth Circuit

CITATION: 502 US 183 (1991)
ARGUED: Nov 13, 1991
DECIDED: Dec 16, 1991

ADVOCATES:
Peter A. Schey - on behalf of the Respondent
Stephen J. Marzen - on behalf of the Petitioner

Facts of the case

Question

Media for Immigration and Naturalization Serv ice v. National Center for Immigrants' Rights

Audio Transcription for Oral Argument - November 13, 1991 in Immigration and Naturalization Serv ice v. National Center for Immigrants' Rights

Audio Transcription for Opinion Announcement - December 16, 1991 in Immigration and Naturalization Serv ice v. National Center for Immigrants' Rights

William H. Rehnquist:

The second of the cases is Immigration and Naturalizations Service versus National Center for Immigrants' Rights.

This case involves a facial challenge to a regulation promulgated by the Immigration and Naturalization Service.

It provides that when an alien is released from custody pending deportation or exclusion proceedings, the bond issued to secure the alien's release will generally include a condition barring unauthorized employment by the alien.

The Court of Appeals ruled that the regulation was inconsistent with the Immigration and Nationality Act.

For the reasons set forth in a unanimous opinion authored by Justice Stevens, we hold that the regulation properly construed as wholly consistent with the statute.

Accordingly, the judgment of the Court of Appeals for the Ninth Circuit is reversed.