Legal Opinion

Shamsian v. Ilchert

District Court, N.D. California

Decided January 12, 1982No. C-80-2808 RHS, C-80-2809 RHS, C-80-4244 RHS and C-80-4344 RHSPublishedCited by 4 opinions

1Opinion of the Court

OPINION

SCHNACKE, District Judge.

Plaintiffs are Iranian nationals whose applications for extensions of stay as non-im migrants, and for change of status, were denied during the “hostage crisis”. They seek declaratory relief, challenging the exercise of discretion by the District Director of the Immigration and Naturalization Service (hereinafter, “INS”) and the constitutional validity of the federal regulations upon which it was based. Of central concern is the authority of INS to consider United States foreign relations in carrying out its responsibility under the immigration laws.

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2Cases cited13 opinions

  1. Chrysler Corp. v. BrownSupreme Court of the United States · 1979
  2. Reid v. CovertSupreme Court of the United States · 1957
  3. Gholamreza Narenji, Behzad Vahedi, Cyrus Vahidnia v. Benjamin Civiletti, Attorney General, Confederation of Iranian Students v. Benjamin R. CivilettiCourt of Appeals for the D.C. Circuit · 1980
  4. George Bernard Nicholas v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1979
  5. Mark David Johns, Cross v. Department of Justice of the United States, Angela MacIas Intervenor-Appellee, CrossCourt of Appeals for the Fifth Circuit · 1981

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3Cited by4 opinions

  1. Hamid Shoaee v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1983
  2. Nezam Tooloee v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1983
  3. De Sousa v. DemoreDistrict Court, N.D. California · 2001
  4. Gupta v. JaddouDistrict Court, D. Massachusetts · 2023

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