# Petition for Writ of Certiorari — Dianella Shipping Corp. v. Hernandez > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385002_0288%3A1 ## Record - **Collection:** Supreme Court brief - **Document type:** Petition for Writ of Certiorari - **Published:** January 1, 1988 - **Citation:** 488 U.S. 981 ## Text NO. IN THE Supreme Court of the United States OCTOBER TERM, 1988 DIANELLA SHIPPING CORPORATION, IN PERSONAM, and M/V RAJAAN, Her Engines, Tackle, Apparel, Etc., IN REM, Petitioners V. ALEJANDRO HERNANDEZ, Respondent PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT KENNETH D. KUYKENDALL 2200 Texas Commerce Tower Houston, Texas 77002 (713) 224-8380 Attorney for Petitioners Of Counsel: ROYSTON, RAYZOR, VICKERY & WILLIAMS 2200 Texas Commerce Tower Houston, Texas 77002 (713) 224-8380 PET LTT A IRD Alpha Law Brief Co., Inc.— 8748 Westpark—Houston, Texas 77063 — 789-2000 I QUESTIONS PRESENTED 1. Whether the decision of this Court in Sure-Tan v. N.L.R.B., 467 U.S. 883, 104 S. Ct. 2803, 81 L.Ed.2d 732 (1984) that an illegal alien must establish his legal right to be present and employed in the United States aS a prerequisite for the award of future United States wages is limited to labor cases under 29 U.S.C. § 158 or whether this principle is applicable to other causes of action pursued by an illegal alien under other federal statutes, including the Longshore & Harbor Workers’ Compensation Act, 33 U.S.C. § 905(b), to insure con- sistency in the application of the immigration laws of the United States. y & Whether the District Court should have referred this illegal alien to the Immigration and Naturalization Service for a determination of his right to remain in the United States legally because Congress has placed such deter- mination within the primary jurisdiction of the executive branch of the government. II LIST OF PARTIES Pursuant to Rule 21.1(b), Rules of the Supreme Court, counsel for Petitioner certifies that the filing of the complete list of all parties to the proceedings below and, additionally, all parties and persons believed to be in- terested in the outcome of this Petition: ee — Pr FryVr - —_ oo Ps Perr r > Alejandro Hernandez. Dianella Shipping Corporation. Ishikawajima Harima Heavy Industries, Ltd. O.J.I. Seke-Kogyo Kabushinki Kaisha. Cargill, Inc. Brazos River Harbor Navigation District. Affiliated Rice Mills. Trans Ocean America, Inc. Langston Companies, Inc. Amoco Fabrics Company. Patchogue Plymouth Division. Euro Grain Trading, Ltd. General Produce and Fibres, Ltd. West Texas Rice Company. Synthetic Industries Texas, Inc. Texas Employers’ Insurance Association. The West of England Ship Owners Insurance Services Limited. American International Underwriters. KENNETH D. KUYKENDALL Attorney for Petitioners, M/V RAJAAN and Dianella Shipping Corporation Ill SUBJECT INDEX QUESTIONS PRESENTED ................0ceceeceee ee ec es wewasauké es a a csdsndcevccsecaceancccc gy ETT eT Tn erie c i i ivnevccesceccccesa. FEDERAL STATUTES INVOLVED .................. 1. The opinion of the Court of Appeals should be reviewed because it is in direct conflict with the prior decision of this Court in Sure-Tan v. N.L.R.B., 467 US. 883, 104 S. Ct. 2803, 81 L.Ed.2d 732 (1984) and the immigration laws of the United DT CUUGh caw buveencbaséhuacstesedetwinacas 2. The opinion of the Court of Appeals should be reviewed because it erroneously establishes the au- thority of the District Court to determine an illegal alien’s right to remain in the United States or to be deported even though Congress has assigned such determination exclusively to the executive branch PE cei kseabae6au dene cébeceuns canes CE cancun sanGaeserbdvhsccweseesecacscess SUMNER MIE GMMR WME se cccnccesececccesesese APPENDIX A — District Court’s Findings of Fact and BBA Peer rrr erereree APPENDIX B— Fifth Circuit’s Opinion .............. APPENDIX C — Fifth Circuit’s Substituted Opinion ... APPENDIX D — Fifth Circuit’s Order Overruling Petition for Rehearing and Suggestion for Rehear- RE Sausbedwavecseeataenenss APPENDIX E—Trial Record Volume 5, pp. 6-12, 25-30, DTP CSUEGERE Seb GR dnesbénsseecdas ———E 62a APPENDIX F TIRR THE INSTITUTE FOR REHABILITATION AND RESEARCH in the Texas Medical Center 1333 Moursund Avenue Houston, Texas 77030 (713) 797-1440 May 10, 1984 To Whom It May Concern: This verifies that Alejandro Rodriquez Hernandez is a patient undergoing comprehensive rehabilitation in this hospital for a spinal cord injury which left him paralyzed from the chest down. The injury is the result of a work related accident which occurred on 9/21/83. Comprehensive rehabilitation for a patient like Mr. Her- nandez means bringing him to maximum independence at a wheelchair level, including physical, emotional and social independence. This requires at least two years of treatment both in the hospital setting and at home. During Mr. Hernandez first TIRR admission he learned some basic concepts of rehabilitation about his body functions which, if he were not appropriately oriented, could result in complications which might be fatal. He learned to apply these concepts during a two-month dis- charge and is now readmitted for training in more ad- vanced skills in physical functioning. Mr. Hernandez’s wife, Jovita, was allowed to come into this country several months ago to learn his care and to provide assistance when necessary. However, their three children, Luz Maria-9, Veronica- 8, and Guada- lupe - 7, were left in Mexico in the care of Mr. Her- nandez’s parents. This separation has caused them anguish and depression, especially Mr. Hernandez, since he is aware that returning to Mexico is not an option for him at this time as treatment is not available where he lives. 63a Seeing his children again would be very supportive to him and to the Children. Since Mr. Hernandez’s accident occurred while he was at work, his medical expenses are covered and he receives weekly compensation checks from his Worker’s Com- pensation insurance. We greatly appreciate your attention in this situation and hope you are able to help Mr. and ‘Mrs. Hernandez’s children to come and stay with them until his rehabilita- tion is finished and he returns to his home in Mexico. /s/ CARMEN G. PENA Carmen G. Pena, C.S.W. Medical Social Worker /s/ W. H. DONOVAN, M.D. William H. Donovan, M.D. Attending Physician --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385002_0288%3A1. Public record. Not legal advice.