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GARCIA v. SMITH

No. 82-5317.

674 F.2d 838 (1982)

Carlos Eloy Alvarez GARCIA, Plaintiff-Appellant, v. William French SMITH, Attorney General of the United States Department of Justice, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied July 19, 1982.

Attorney(s) appearing for the Case

Robert L. Boyer, Miami, Fla., for plaintiff-appellant.

Robert Robertson, Asst. U.S. Atty., Miami, Fla., William French Smith, Atty. Gen., Dept. of Justice, Washington, D.C., Nade E. Strickland, Criminal Investigator, INS, Dept. of Justice, Atlanta, Ga., Lawrence Lippe, Chief, Gen. Litigation & Legal Advice Section, Criminal Div., U.S. Dept. of Justice, Washington, D.C., Joe Howerton, District Director, INS, Miami, Fla., for defendants-appellees.

Before GODBOLD, Chief Judge, JOHNSON and ANDERSON, Circuit Judges.

Rehearing Denied July 19, 1982. See 680 F.2d 1327.

JOHNSON, Circuit Judge:

Carlos Garcia appeals the district court's dissolution of a temporary restraining order preventing his deportation from this country and dismissal of his suit for lack of subject matter jurisdiction.

I.

Garcia left Cuba in 1980 and settled in Costa Rica. Twenty-one months later he decided to seek entry into the United States, arrived...

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