# Yongyouth Ruangswang and Vanapar Ruangswang v. Immigration and Naturalization Service

> Court of Appeals for the Ninth Circuit · November 2, 1978 · 591 F.2d 39

URL: https://www.frixlaw.com/law-library/cases/9465443

## Case

- **Full name:** Yongyouth RUANGSWANG and Vanapar Ruangswang, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** November 2, 1978
- **Citations:** 591 F.2d 39; 1978 U.S. App. LEXIS 8025
- **Precedential status:** Published
- **Opinion:** Concurrence by Sneed
- **Judges:** Wallace, Sneed, Enright
- **Cited by:** 55 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9465443

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9465443. Public record. Not legal advice.