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MATTER OF LONGSTAFF

No. 82-1218.

716 F.2d 1439 (1983)

In the MATTER OF Petition for Naturalization of Richard John LONGSTAFF, Petitioner.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 27, 1983.

Attorney(s) appearing for the Case

Brian K. Bates, Dallas, Tex., for appellant.

Leonard Graff, San Francisco, Cal., for amicus curiae Gay Rights Advocates Nat'l Gay Task Force.

Margaret Perry, Lauri Steven Filppu, Gen. Lit. & Legal Advice Sect., Crim. Div., U.S. Dept. of Justice, Washington, D.C., for appellee.

Before RUBIN and TATE, Circuit Judges, and STAGG, District Judge.

Rehearing and Rehearing En Banc Denied October 27, 1983.

ALVIN B. RUBIN, Circuit Judge:

May a resident alien be denied naturalization because he was a homosexual at the time he was admitted to the United States? The district court, 538 F.Supp. 589, answered this question in the affirmative. We affirm its judgment that the petitioner is ineligible for naturalization because, being excludable on the ground of his homosexuality...

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