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MEDINA v. CASTILLO

No. 78-2779.

627 F.2d 972 (1980)

Jose Jacques MEDINA, Plaintiff-Appellant, v. Leonel CASTILLO, Commissioner, Immigration and Naturalization Service, Department of Justice, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 12, 1980.

Attorney(s) appearing for the Case

Peter A. Schey, Los Angeles, Cal., argued for plaintiff-appellant; Leonard I. Weinglass, Los Angeles, Cal., on brief.

Eva S. Halbreich, Asst. U. S. Atty., Los Angeles, Cal., argued for defendants-appellees; Fred Okrand, Carolyn M. Reynolds, Asst. U. S. Attys., Los Angeles, Cal., on brief.

Before SKOPIL and FERGUSON, Circuit Judges, and EAST, District Judge.

EAST, District Judge:

Jose Jacques Medina (Medina) appeals the District Court's dismissal of an uncertified class action challenging procedures used by the Immigration and Naturalization Service (INS), acting through its District Director, in considering applications for asylum. Its dismissal for failure to exhaust administrative remedies was based upon the unilateral decision of the INS to reconsider the asylum application of Medina, the named plaintiff. We believe...

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