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VIETNAMESE ASYLUM SEEKERS v. DEPT. OF STATE

Nos. 94-5104, 95-5425 and 96-5058.

104 F.3d 1349 (1997)

LEGAL ASSISTANCE FOR VIETNAMESE ASYLUM SEEKERS, et al., Appellants, v. DEPARTMENT OF STATE, BUREAU OF CONSULAR AFFAIRS, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 7, 1997.

Attorney(s) appearing for the Case

Daniel Wolf, argued the cause, for appellants, with whom William R. Stein, Washington, DC, M. Kathleen O'Connor, Dallas, TX, and Robert B. Jobe, San Francisco, CA, were on the briefs.

Edwin S. Kneedler, Deputy Solicitor General, argued the cause, for appellees pro hac vice, with whom Frank W. Hunger, Assistant Attorney General, Eric H. Holder, Jr., United States Attorney, Michael J. Singer, Assistant Director, United States Department of Justice, and Robert M. Loeb, Attorney, were on the brief. Catherine W. Brown, Attorney, Washington, DC, United States Department of State, entered an appearance.

Before: EDWARDS, Chief Judge, and SENTELLE and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

These consolidated cases present challenges to the Department of State's consular venue policy. Plaintiffs assert that the policy discriminates on the basis of nationality in violation of Section 202 of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1152(a)(1). Plaintiffs also claim that the policy is arbitrary and capricious within the meaning of the Administrative...

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