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MARTINEZ v. BELL

No. 77 Civ. 5964 (GLG).

468 F.Supp. 719 (1979)

Janet Gilda MARTINEZ, an infant, by her mother, Maria J. Rodriguez-Sanchez, and Frank Martin Perrault, an infant, by his father, Frantz E. Perrault, et al., Plaintiffs, v. Griffin BELL, Individually, and as Attorney General of the United States, Cyrus Vance, Individually, and as Secretary of State of the United States, Barbara N. Watson, Individually, and as Administrator of the Bureau of Security and Consular Affairs, Department of State, Julio Arias, Individually, and as Director of Visa Office, Bureau of Security and Consular Affairs, Department of State, Vernon McAninch and Elizabeth J. Harper, are both sued Individually, and as Consuls of the United States of America, Mexico, D.F., Mexico, and Montreal, Canada, respectively, Leonel J. Castillo, Individually, and as Commissioner of Immigration and Naturalization Service, Mario Noto, Individually, and as Deputy Commissioner of Immigration and Naturalization Service, and George Vician, Jr., Individually, and as District Director of Immigration and Naturalization Service, Defendants.

United States District Court, S. D. New York.

Endorsement On Motion To Amend Decision And Judgment May 3, 1979.

Attorney(s) appearing for the Case

Morton B. Dicker, The Legal Aid Society, New York City, for plaintiffs, by Julius C. Biervliet, New York City, of counsel.

Robert B. Fiske, Jr., U.S. Atty., New York City, for defendants, by Thomas H. Belote, Asst. U.S. Atty., New York City.

OPINION

GOETTEL, District Judge.

In this action for declaratory and injunctive relief, the plaintiffs, American citizen children represented by their alien parents, seek to have declared unconstitutional section 212(a)(14) of the Immigration and Nationality Act (the "Act"), 8 U.S.C. § 1182(a)(14), as amended by Pub.L. No. 94-571, 90 Stat. 2705 (October 20, 1976), and to enjoin its enforcement. The plaintiffs also seek an injunction directing...

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