Tongatapu Woodcraft Hawaii v. Sam I. Feldman District Director - United States Court of Appeals for the Ninth Circuit

Tongatapu Woodcraft Hawaii v. Sam I. Feldman District Director

By United States Court of Appeals for the Ninth Circuit

  • Release Date - Published: 1984-07-03
  • Book Genre: Law
  • Author: United States Court of Appeals for the Ninth Circuit
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Tongatapu Woodcraft Hawaii v. Sam I. Feldman District Director United States Court of Appeals for the Ninth Circuit read online review & book description:

CHOY, Circuit Judge: Tongatapu Woodcraft Hawaii, Ltd. (Tongatapu) employs woodcarvers who dress in native garb and sell their wares to passing tourists. After failing to secure qualified workers domestically, Tongatapu applied to the Immigration and Naturalization Service (INS or Service) to obtain sixth preference visas for two experienced woodcarvers from Tonga. The INS granted the petitions but later revoked them on the ground that Tongatapu made material misrepresentations in its certification to the Department of Labor. Tongatapu then brought a declaratory judgment action against the INS, seeking reinstatement of the petitions. The district court granted summary judgment for Tongatapu, holding that the INS action was arbitrary and capricious or constituted an abuse of discretion. INS now appeals, and we reverse and remand.

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