Pizarro v. District Director of United States I. & N. Serv.
| Decision Date | 20 August 1969 |
| Docket Number | No. 22915.,22915. |
| Citation | 415 F.2d 481 |
| Parties | Rose-Marie Ofelina Del Rosario PIZARRO, Appellant, v. DISTRICT DIRECTOR OF the UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Hiram W. Kwan (argued), Los Angeles, Cal., for appellant.
Carolyn Reynolds (argued), Asst. U. S. Atty., Wm. Matthew Byrne, Jr., U. S. Atty., Frederick M. Brosio, Jr., Asst. U. S. Atty., Chief, Civil Div., Los Angeles, Cal., for appellee.
Before HAMLEY and ELY, Circuit Judges, and McNICHOLS, District Judge*.
Appellant, considering herself aggrieved by an administrative decision of the appellee, obtained, in the district court, a judicial review of that decision. Jurisdiction was laid below under the Declaratory Judgment Act (28 U.S.C. § 2201) and Chapter 7 of the Administrative Procedure Act (5 U.S.C. § 701 et seq.)1
Miss Pizarro, an alien, being a native and citizen of the Philippines, lawfully entered the United States as a non-immigrant visitor in October, 1965. She received an extension of stay in that category until April 23, 1967.
On April 11, 1967, appellant filed a petition for a preference status under Section 203(a) (3) of the Immigration and Naturalization Act, as amended (8 U.S. C. § 1153(a) (3)) (hereinafter referred to as the "Act"), as a professional trained in psychology. The referenced statute provides in applicable part as follows:
The Act defines the term "profession" to "include, but not be limited to architects, engineers, lawyers, physicians, surgeons and teachers in elementary or secondary schools, colleges, or academies, or seminaries." 8 U.S.C. § 1101(a) (32).
From the record before us, it appears that the appellant holds a Bachelor of Science Degree with a major in psychology granted by the University of Santo Tomas, Manila, Philippines, on March 24, 1961. She completed twelve units in the faculty of medicine and surgery and served as a psychology intern from November, 1960 to June, 1961 at the Luna General Hospital, Quezon City, Philippines. It is to be noted that this internship was served generally during the last year of studies leading up to the Bachelor of Science degree. Her only subsequent employment has been as a receptionist for an insurance company in Manila for some nine months immediately preceding her entrance into the United States.
As provided by statute2 appellant's application for preferential status was submitted to the Department of Labor for initial certification. This certification classified the appellant as a "psychologist, clinical" as qualified as a professional scientist and certified that there were not sufficient United States workers available in the field and that employment would not adversely affect wages or working conditions of the similarly employed in this country. Thus the way was opened for the Attorney General to consider the application on its merits.
On the foregoing state of the record the matter was submitted to the District Director of the Immigration and Naturalization Service for decision. That official denied appellant's application on the ground that she did not possess "the minimum educational and specific vocational preparation requirements" for professional recognition and employment in the field of psychology. A timely appeal was taken to the Regional Commissioner of the Immigration and Naturalization Service. The Regional Commissioner in a comprehensive and well reasoned opinion, affirmed the District Director's decision and denied the appeal.
In his opinion the Regional Director accurately recognized and defined the question presented by Miss Pizarro's petition:
"The issue to be determined in this case is whether or not the petitioner, by reason of her having acquired an undergraduate degree in psychology, will qualify her (sic) for recognition as a member of the professions."
After a consideration of the relatively few departmental precedents and examination of various Department of Labor publications3 the Regional Commissioner stated as a general premise:
...
To continue reading
Request your trial
-
Gestuvo v. District Dir. of US Immigration & Nat. Serv.
...an improper rule of law. Reyes v. Carter, 441 F.2d 734 (1971); Song Jook Suh v. Rosenberg, 437 F.2d 1098 (1971); Pizarro v. District Director, 415 F.2d 481 (1969); Dong Yup Lee v. INS, 407 F.2d 1110 (1969). See also Tang v. District Director, 298 F.Supp. 413, 418 (C.D.Cal. 1969), aff'd 433 ......
-
Yi v. Maugans
...one case decided after the enactment of Sec. 1105a(b) has cited Shung with approval, Pizarro v. District Director Of U.S. Immigration and Naturalization Service, 415 F.2d 481 n. 1 (9th Cir.1969), we believe that Congress intended to supersede Shung. See Garcia v. Smith, 674 F.2d 838 (11th C......
-
Chinese American Civic Council v. Attorney General of U.S., 75-1870
...General has abused his discretion in denying the classification required for the preferential visa.Pizarro v. Dist. Dir. of United States I. & N. Serv., 415 F.2d 481, 483 (9th Cir. 1969). Accord, Nazareno v. Atty. Gen. of United States, 366 F.Supp. 1219 (D.D.C.1973), aff'd, 168 U.S.App.D.C.......
-
Omni Packaging, Inc. v. USINS
...not every person who has a degree from an accredited college or university is qualified as a professional. Pizarro v. District Director, I.N.S., 415 F.2d 481 (9th Cir.1969), superseded on other grounds by statute as stated in Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 103 S.Ct.......