Here is the order in Bustamante v. Valenzuela: Bustamante Order.
The district court judge rejected a magistrate recommendation (here).
Here is the order in Bustamante v. Valenzuela: Bustamante Order.
The district court judge rejected a magistrate recommendation (here).
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What is amazing to me is that each Court read the legislative history of ICRA so differently. Where can we find the true story?
Perhaps it was just Congress being political and not really thinking about the application of the law. It was after all, the 60’s. I know that in this day and age, Congress responding to politics instead of responding to need is unemaginable.