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Young China Daily v. Chappell

742 F. Supp. 552 (1989)

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Young China Daily v. Chappell

United States District Court for the Northern District of California

742 F. Supp. 552 (1989)

Facts

Young China Daily (the newspaper) (plaintiff) was a Chinese-language newspaper with a circulation of approximately 23,000 readers. The newspaper sought to hire Henry Kuo (plaintiff), a native and citizen of Taiwan, as a graphic designer. This was a newly created position. As a graphic designer, Kuo would be in charge of art and copy layout, arrangement of illustrative material, and liaising with advertisers that wanted to buy space in the newspaper. Kuo’s salary at the newspaper was set to be $16,800 per year. The newspaper filed a petition with the Immigration and Nationalization Service (INS) to classify Kuo as a worker of distinguished merit and ability under the Immigration and Nationality Act. Kuo also filed a petition for change of status. The director of the INS’s Western Service Center denied the newspaper’s petition based on the size of Young China Daily, the low salary being offered, and the absence of a prior record of hiring professionals in the graphic-design position. The newspaper appealed. The Administrative Appeals Unit upheld the original decision. Kuo’s status application was also denied. Kuo and the newspaper filed a complaint alleging that the administrative decision was arbitrary and capricious and, therefore, an abuse of discretion.

Rule of Law

Issue

Holding and Reasoning (Jensen, J.)

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