NARENJI v. CIVILETTI

Nos. 79-2460, 79-2461.

617 F.2d 745 (1979)

Gholamreza NARENJI, Behzad Vahedi, Cyrus Vahidnia v. Benjamin CIVILETTI, Attorney General, et al., Appellants. CONFEDERATION OF IRANIAN STUDENTS v. Benjamin R. CIVILETTI, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 27, 1979.

As Amended January 2, 1980.

Rehearing Denied January 31, 1980.


Attorney(s) appearing for the Case

Robert E. Kopp, Atty., Dept. of Justice, Washington, D.C., with whom Carl S. Rauh,* U.S. Atty., Ronald R. Glancz, Anthony J. Steinmeyer, Michael Jay Singer, Elizabeth Gere Whitaker, Brook Hedge, John F. Cordes, Attys., Dept. of Justice, Washington, D.C., were on the brief, for appellants.

Eric M. Lieberman, New York City, with whom Alan Dranitzke, Washington, D.C., was on the brief, for appellees, Narenji et al.

Charles Gordon, Washington, D.C., for appellee, Confederation of Iranian Students.

Dale F. Swartz, Washington, D.C., was on the brief for amicus curiae, Lawyers Committee for International Human Rights, urging affirmance.

Jordan J. Paust, Houston, Tex., was on the brief for amicus curiae, Human Rights Advocates (U.S.A.), urging affirmance.

Before TAMM, MacKINNON and ROBB, Circuit Judges.


Rehearing En Banc Denied January 31, 1980.

Opinion for the Court filed by Circuit Judge ROBB.

Concurring opinion filed by Circuit Judge MacKINNON.

ROBB, Circuit Judge:

This is an appeal from a judgment of the District Court declaring unconstitutional a regulation promulgated by the Attorney General at the direction of the President. In the circumstances of this case the court has concluded that the challenged regulation, 8 C.F.R. § 214...

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