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FLORES v. GEORGE BRAUN PACKING COMPANY, ETC

United States Court of Appeals, Fifth Circuit
Nov 8, 1973
482 F.2d 279 (5th Cir. 1973)

Summary

holding that there is no private remedy under 8 U.S.C. § 1324

Summary of this case from Ryder v. Platon

Opinion

No. 73-1489. Summary Calendar.

Rule 18, 5th Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of N.Y., 431 F.2d 409, Part I (5th Cir. 1970).

July 17, 1973. Rehearing and Rehearing En Banc Denied November 8, 1973.

Frank Herrera, Jr., San Antonio, Tex., for plaintiffs-appellants.

Marion R. McClanahan, L. W. Gibbs, San Antonio, Tex., for defendants-appellees.

Appeal from the United States District Court for the Western District of Texas.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.



The plaintiffs, slaughterhouse workers who are on strike against their employers, contend that the Immigration and Nationality Act, i. e., 8 U.S.C. §§ 1101(a)(15)(a) (ii), 1182(a) (14), and 1324, and the regulations implementing those provisions, 29 C.F.R. § 60.1, et seq., create a private right of action against their employers, based on the alleged employment of Mexican nationals who illegally entered the United States. We follow the holding of the Tenth Circuit in Chavez v. Freshpict Foods, Inc., 456 F.2d 890 (1972), cert. denied, 409 U.S. 1112, 93 S.Ct. 925, 34 L.Ed.2d 695 (1973), which determined that no such private remedy exists.

The order of the district court dismissing the complaint is

Affirmed.


Summaries of

FLORES v. GEORGE BRAUN PACKING COMPANY, ETC

United States Court of Appeals, Fifth Circuit
Nov 8, 1973
482 F.2d 279 (5th Cir. 1973)

holding that there is no private remedy under 8 U.S.C. § 1324

Summary of this case from Ryder v. Platon

finding no private right of action under INA provisions setting forth definitions, criminal penalties for harboring illegal aliens and visa eligibility for illegal aliens

Summary of this case from Vega v. Nourse Farms, Inc.
Case details for

FLORES v. GEORGE BRAUN PACKING COMPANY, ETC

Case Details

Full title:ABELARDO FLORES AND EDWARD M. DEVORA, ON THEIR OWN, AND ON BEHALF OF A…

Court:United States Court of Appeals, Fifth Circuit

Date published: Nov 8, 1973

Citations

482 F.2d 279 (5th Cir. 1973)

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