Legal Opinion
Medellin v. Bustos
Court of Appeals for the Fifth Circuit
Decided September 15, 1988No. 87-6165PublishedCited by 8 opinions
1Opinion of the Court
GARZA, Circuit Judge:
This case is an appeal from the decision of the United States District Court for the Southern District of Texas. It involves the decision of appellee Benjamin Bustos, Certifying Officer of the United States Department of Labor, to disallow the substitution of an alien on a labor certification. The issue before us is whether that decision was arbitrary, capricious, an abuse of discretion or otherwise contrary to the law. The district court determined that the decision was proper. For the reasons stated below we reverse.
Background
The Immigration and Nationality Act, 8…
2Cases cited4 opinions
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Nazario Castaneda-Gonzalez v. Immigration and Naturalization ServiceCourt of Appeals for the D.C. Circuit · 1977
- Production Tool Corporation and Manuel Aguilar v. Employment and Training Administration, United States Department of Labor, Kenall Manufacturing Company and Blanca Fabian v. Employment and Training Administration, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1982
- Ming Wang v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1979
3Cited by8 opinions
- Samuel G. Kooritzky v. Robert B. Reich, Secretary of LaborCourt of Appeals for the D.C. Circuit · 1994
- Durable Manufacturing Co. v. United States Department of LaborCourt of Appeals for the Seventh Circuit · 2009
- PEREZ VARGASBoard of Immigration Appeals · 2005
- Ashbrook-Simon-Hartley v. McLaughlinCourt of Appeals for the Fifth Circuit · 1989
- Medellin v. BustosCourt of Appeals for the Fifth Circuit · 1988
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