Longshoremen’s Union v. Boyd, 347 U.S. 222 (1954)

International Longshoremen’s and Warehousemen’s Union,

Local 37 v. Boyd
No. 195

Argued January 6, 1954
Decided March 8, 1954
347 U.S. 222

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WASHINGTON

Syllabus

A labor union and some of its alien members sued to enjoin a District Director of Immigration and Naturalization from so construing § 212(d)(7) of t;he Immigration and Nationality Act of 1952 as to treat all domiciled in the continental United States returning from temporary work in Alaska as if they were aliens entering the United States for the first time. They also prayed for a declaratory judgment that, if so construed, § 212(d)(7) is unconstitutional. The record did not show that any sanctions under the section had been set in motion against individuals on whose behalf relief was sought, or that any occasion for doing so had arisen.

Held: the complaint must be dismissed as not presenting a "case or controversy" appropriate for adjudication. Pp. 222-224.

111 F.Supp. 802, judgment vacated and cause remanded.