National Center for Immigrants' Rights, Inc. v. Immigration & Naturalization Service

This case involves the question of the validity of an Immigration and Naturalization Service (“INS”) regulation that requires the inclusion in release bonds of a blanket condition prohibiting aliens from engaging in employment pending the outcome of their deportation hearings. The National Center for Immigrants’ Rights, Inc., and a number of other organizations and individuals, requested a declaratory judgment that the regulation exceeds the scope of the Attorney General’s statutory authority, and a permanent injunction against its implementation. The Immigration and Naturalization Service, Alan Nelson, Commissioner, and Attorney General William French Smith were named as defendants. The district court granted summary judgment to the plaintiffs. A notice of appeal was timely filed. The caption of the notice reads, “National Center for Immigrants’ Rights, Inc., et al., Plaintiffs, v. Immigration and Naturalization Service, et al., Defendants.” The body of the notice states, “Notice is hereby given that defendants in the above-referenced action hereby appeal to the United States Court of Appeals for the Ninth Circuit_” The ap- pellees now challenge the adequacy of the notice of…