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JOHNS v. DEPARTMENT OF JUSTICE OF U.S.

No. 80-5135.

624 F.2d 522 (1980)

Mark David JOHNS et al., Plaintiffs-Appellants-Cross Appellees, v. DEPARTMENT OF JUSTICE OF the UNITED STATES et al., Defendants-Appellees, Angela Macias-Rosales, Intervenor-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

August 1, 1980.

Attorney(s) appearing for the Case

Joseph C. Nazzaro, North Miami Beach, Fla., for plaintiffs-appellants-cross appellees.

Peter Nimkoff, Richard A. Marshall, Jr., Asst. U. S. Attys., Miami, Fla., for defendants-appellees.

Elizabeth S. Baker, Miami, Fla., for Angela Macias-Rosales, intervenor-cross appellant.

Before RUBIN, HENDERSON and REAVLEY, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The Director of the Immigration and Naturalization Service has ordered the deportation of a female child named Cynthia, who is slightly less than five years old and who was brought into the United States from Mexico, where she was born, when she was one day old. Because the child has not been represented by a guardian ad litem, we reverse the district court, direct it to issue a preliminary injunction against execution of the deportation...

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