United States Ninth Circuit

These portions of implementing regulations of the Nursing Relief for Disadvantaged Areas Act are in conflict with, and are ultra vires to, the Act itself: 1) an exclusion from the medical practice requirement of shortage-area medical practice that occurs before approval of the immigrant visa petition and national interest waiver; 2) a requirement that doctors who applied for a national interest waiver before November 1, 1998, but whose applications were denied before November 12, 1999, comply with a five-year medical practice requirement; and 3) a requirement that immigrant doctors complete a medical practice requirement within a four or six-year limitations period.

Appellate Information

• Argued 12/05/2005
• Decided 06/07/2006
• Published 06/07/2006

Judges

• PREGERSON, Circuit Judge., Before HARRY PREGERSON, JOHN T. NOONAN, and SIDNEY R. THOMAS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Carl Shusterman, Los Angeles, CA, for the plaintiffs., Trina A. Realmuto (briefed), Washington, D.C., for the American Immigration Law Foundation.


• For Appellees:
  
• Joanne S. Osinoff, Asst. U.S. Attorney, Los Angeles, CA, for the defendants.