Legal Opinion
Dia Navigation Co. v. Pomeroy
Court of Appeals for the Third Circuit
Decided September 13, 1994No. 93-5538PublishedCited by 32 opinions
1Opinion of the Court
OPINION OF THE COURT
ROTH, Circuit Judge:
In this case, we are asked to examine the Immigration and Naturalization Service’s (“INS”) policy of placing upon common carriers the burden of detaining stowaways who have applied for asylum in the United States. In brief, we conclude that the provisions of the Immigration and Naturalization Act (“INA”) lack the requisite clarity which would justify the policy as it presently has been established. In fight of the statutory ambiguity and of the characteristics of the INS policy, we believe that the policy constitutes a legislative rule which could only…
2Cases cited29 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Bowen v. MassachusettsSupreme Court of the United States · 1988
- Morton v. RuizSupreme Court of the United States · 1974
- United States v. HohriSupreme Court of the United States · 1987
- Patrick Esch v. Clayton K. Yeutter, Secretary, U.S. Department of AgricultureCourt of Appeals for the D.C. Circuit · 1989
24 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Aerolineas Argentinas, and Pakistan International Airlines v. United StatesCourt of Appeals for the Federal Circuit · 1996
- United States v. AntarCourt of Appeals for the Third Circuit · 1994
- Marincas v. LewisCourt of Appeals for the Third Circuit · 1996
- Elizabeth Blackwell Health Center for Women v. KnollCourt of Appeals for the Third Circuit · 1995
- Albert J. Brooks v. Village Of Ridgefield ParkCourt of Appeals for the Third Circuit · 1999
27 more not listed; retrieve them via the Exa API.