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ACOSTA v. GAFFNEY

No. 76-2094.

558 F.2d 1153 (1977)

Carlos ACOSTA, Beatriz Acosta, and Lina Acosta v. John J. GAFFNEY, Acting District Director, Immigration and Naturalization Service, Newark, New Jersey, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 6, 1977.

Attorney(s) appearing for the Case

Carolyn E. Arch, Asst. U. S. Atty., Newark, N.J., for appellant.

Linda Atlas, Brooklyn, N.Y., for appellees.

Regina C. Little, Legal Services of New Jersey, Inc., New Brunswick, N.J., William E. McAlvanah, Hudson County Legal Services, Jersey City, N.J., for amicus curiae.

Before GIBBONS, MARIS and HUNTER, Circuit Judges.

OPINION OF THE COURT

MARIS, Circuit Judge.

The United States Immigration and Naturalization Service (herein "INS") acting through its district director, the nominal defendant, appeals from the district court's May 12, 1976 order reversing the INS' orders of deportation and denial of stay of deportation of the alien plaintiffs. The facts of the case are not in dispute and will be briefly stated.

Carlos Acosta, a native and citizen of the Republic...

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