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International Union of Bricklayers and Allied Craftsmen v. Meese

United States District Court for the Northern District of California
616 F.Supp. 1387 (1985)


Facts

Homestake Mining Company of California (defendant) started construction on a new gold mine in 1984. To address unique problems arising from the mine’s location, it purchased a new gold ore processing system from Diedier-Werke, a German company. The purchase agreement was contingent on Diedier-Werke installing the system on the project site. In September 1964, Diedier-Werke submitted “temporary visitor for business” visa petitions to the U.S. consulate in Bonn for its employees who were to install the system. The consulate approved the visas, relying on INS Operations Instruction 214.2(b)(5). After the German workers entered the country, the International Union of Bricklayers and Allied Craftsmen (plaintiff) sued the Attorney General, Secretary of State, and the INS to declare that Operations Instruction 214.2(b)(5) violated the Immigration and Nationality Act of 1952 and enjoin them from issuing visas under that instruction. Homestake intervened as an interested party.

Rule of Law

Issue

Holding and Reasoning (Legge, J.)

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