Eugenio Reyes Guinto v. George K. Rosenberg, District Director Immigration and Naturalization Service

This case had its genesis in Guinto v. District Director, I&NS, C.D.Cal., 1969, 303 F.Supp. 1094 , where the background facts are fully stated. In that case, Judge Hill, on July 11, 1969, remanded the matter to the Immigration and Naturalization Service for further proceedings. He held that the.Attorney General (i. e., the Service) would be expected to determine whether Guinto was a member of the professions, eligible for third preference visa classification as a teacher under 8 U.S.C. § 1153 (a) (3), and that the Secretary of Labor would be expected to determine whether to make the certification required by 8 U.S.C. § 1182 (a) (14). The government filed a notice of appeal on September 8, 1969. Thereafter, it obtained two successive 30-day extensions of time to designate the record, the Solicitor General not having made a final determination to proceed with the appeal. On November 6, 1969, the Solicitor General having decided not to proceed, the appeal was dismissed by stipulation.

On December 11, 1969, the District Director asked Guinto for a letter from his employer, stating his occupation, title and describing his duties and responsibilities. No response was received. Also on…