SLYPER ET AL.
v.
MEESE, ATTORNEY GENERAL, ET AL.

U.S. | 1988-03-07
No. 87-894
485 U.S. 941 Supreme Court of the United States (1988) Positive Treatment
Cited by 6 cases
Dissent
Justice White,

Justice White,

dissenting.

This case presents the issue whether the decision of the United States Information Agency (USIA) to recommend against waiver of the requirement that a foreign doctor in this country for graduate medical training return to his or her foreign residence for two years prior to applying for permanent residence status here is subject to judicial review for abuse of discretion. See 8 U.

S. C. § 1182(e) (1982 ed., Supp. IV). A waiver from the 2-year foreign residence requirement can be obtained on “hardship” grounds, one condition for which is that the Director of the USIA make a favorable recommendation concerning the waiver. The Court of Appeals held that because neither the relevant statute nor implementing regulation provided a standard against which to assess the Director’s exercise of discretion, the decision was one committed to the agency’s discretion by law and accordingly not reviewable under the Administrative Procedure Act, 5 U.

S. C. § 701(a)(2). 264 U.

S. App.

D. C. 170, 172-173, 827 F. 2d 821, 823-824 (1987). In so holding, the court reached the same conclusion as the Second and Ninth Circuits, Dina v. Attorney General, 793 F. 2d 473, 476 (CA2 1986) (per curiam); Abdelhamid v. Ilchert, 774 F. 2d 1447, 1449-1450 (CA9 1985), and rejected the contrary conclusion of the Third Circuit, Chong v. Director, USIA, 821 F. 2d 171, 176 (1987). I would grant certiorari to resolve the conflict among the Circuits over this question of federal law.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Ret. Fund Tr. OF THE Plumbing v. Franchise TAX Bd., 909 F.2d 1266 (9th Cir. 1990)
    …l courts have exclusive jurisdiction over ERISA claims22 and may enjoin other state actions that violate ERISA.23 General Motors v. California Bd. of Equalization, 815 F. 2d 1305, 1308 (9th Cir.1987), cert. denied sub nom. General Motors v. Bennett, 485 U.S. 941, 108 S.Ct. 1122, 99 L.Ed.2d 282 (1988); Ashton v. Cory, 780 F. 2d 816, 821-22 (9th Cir.1986). The Board concedes that under California law, the trusts cannot bring a direct action in state court to challenge the Board’s income tax collection proced…
  • Hydrostorage, Inc. v. N. Cal. Boilermakers Local Joint Apprenticeship Comm., 891 F.2d 719 (9th Cir. 1989)
    …Rutledge v. Arizona Board of Regents, 859 F. 2d 732, 734 (9th Cir.1988); General Motors Corp. v. California State Board of Equalization, 815 F. 2d 1305, 1309 (9th Cir.1987) (summary judgment based on ERISA-preemption reviewed de novo), cert. denied, 485 U.S. 941, 108 S.Ct. 1122, 99 L.Ed.2d 282 (1988). Because there are no contested issues of fact, we need decide only whether the substantive law was applied correctly. Martori, 781 F. 2d at 1351. ERISA is a “comprehensive remedial statute ‘designed to protec…
  • Harriette Turnbow v. Pac. Mut. Life Ins. Co., 934 F.2d 1100 (9th Cir. 1991)
    …ing the preemption issue. See, e.g. General Motors Corp. v. California Bd. of Equalization, 815 F. 2d 1305, 1307-09 (9th Cir.1987) (reaching the abstention issue where parallel state court proceeding had not ruled on ERISA preemption), cert. denied, 485 U.S. 941, 108 S.Ct. 1122, 99 L.Ed.2d 282 (1988). Instead of appealing the stay, however, Pacific Mutual chose to wait for the state court’s decision, which it trusted would be in its favor. Pacific Mutual’s litigation strategy failed. This court no longer ha…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw