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FANO v. O'NEILL

No. 86-2164.

806 F.2d 1262 (1987)

Federico FANO, Plaintiff-Appellant, v. Paul B. O'NEILL, Individually and As District Director of the Immigration & Naturalization Service for the Houston Division, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 5, 1987.

Attorney(s) appearing for the Case

Alan Vomacka, M. Edwin Prud'homme, Houston, Tex., for plaintiff-appellant.

Samuel G. Longora, Asst. U.S. Atty., Henry K. Oncken, U.S. Atty., Frank A. Conforti, James R. Gough, Asst. U.S. Attys., Houston, Tex., for defendant-appellee.

Before CLARK, Chief Judge, REAVLEY and WILLIAMS, Circuit Judges.

REAVLEY, Circuit Judge:

Federico Fano claims he lost an opportunity to obtain permanent resident status in this country because the Immigration and Naturalization Service (INS), violating its internal procedures, wilfully delayed the processing of his application. The district court granted summary judgment in favor of the government. We reverse.

I

Fano is a citizen of Mexico by birth. His father is employed in Houston, Texas as vice president of...

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