1998 News

CGFNS Moves for Summary Judgment

PHILADELPHIA, PA — AUGUST 14, 1998 — The Commission on Graduates of Foreign Nursing Schools (CGFNS) moved for summary judgment in its suit against the Immigration and Naturalization Service and the State Department. By filing this motion, CGFNS seeks judgment from the court as a matter of law, given that the relevant facts are not in dispute.

In its motion, CGFNS demonstrates that the actions of the Immigration and Naturalization Service and the Department of State: (1) violated section 343 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 by refusing to accept CGFNS certificates issued to foreign health care workers covered by the law; (2) violated section 212(d)(3)(A) of the Immigration and Nationality Act by waiving the certification requirements of section 343 on a blanket basis; (3) violated the Administrative Procedures Act by taking actions that are arbitrary, capricious, an abuse of discretion and otherwise not in accordance with applicable law; and (4) have deprived CGFNS of property without due process of law in violation of the Fifth Amendment of the United States Constitution.

CGFNS asked the court to expedite its consideration of this case.