Opinion

Yongyouth Ruangswang and Vanapar Ruangswang v. Immigration and Naturalization Service

  • 591 F.2d 39
  • 1978 U.S. App. LEXIS 8025
Court
Court of Appeals for the Ninth Circuit
Filed
Nov 2, 1978
Status
Published
Author
Sneed
On the bench
Wallace, Sneed, Enright
Cited by
55 cases

noting that “the ‘agency’ is the Department of Justice, because both the Immigration and Naturalization Service and the Board of Immigration Appeals are arms of the Department”

How later courts described this case

  • noting that “the ‘agency’ is the Department of Justice, because both the Immigration and Naturalization Service and the Board of Immigration Appeals are arms of the Department”
  • finding abuse of discretion in attempted deportation, of an alien who had relied on agency regulation’s definition of “investor” rather than an adjudicative definition enunciated after she had made her initial investment
  • “[N]umerous authorities hold ‘that federal courts will require federal agencies to abide by the agency’s own regulations, [e]ven where the regulations are more generous than required by law.” (citations and internal quotations omitted)
  • INS abused its discretion in establishing and applying new standard in adjudicatory process because alien relied on prior rule, did not have adequate notice, and suffered substantial adverse consequences

Written by the judges who cited it.

Distinguished

  • Distinguished by Cities of Anaheim, Riverside, Banning, Colton & Azusa v. Federal Energy Regulatory Commission, 723 F.2d 656 (1984)

    NLRB v. Wyman-Gordon Co., 394 U.S. 759, 89 S.Ct. 1426, 22 L.Ed.2d 709 (1969); Montgomery Ward & Co. v. FTC, 691 F.2d 1322 (9th Cir.1982); Patel v. INS, 638 F.2d 1199 (9th Cir.1980); Ruangswang, supra. This exception is inapplicable to the present case.
    Court of Appeals for the Ninth CircuitJan 9, 19842 citing opinionsRead it

The opinion

SNEED, Circuit Judge:

I concur in Judge Wallace’s opinion.

Adjudication by an agency to establish a rule or policy inconsistent with its recently adopted regulation suggests administrative confusion and uncertainty. The costs of this inefficiency should not always be borne by the individual being governed. An in *47 stance in which society should bear these costs is where the individual had no reason to know that the word of the regulations is not the will of the agency. I think such a situation exists in this ease.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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