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HILL v. UNITED STATES I.N.S.

Nos. 82-4366, 82-4423.

714 F.2d 1470 (1983)

Carl Basil Angelo HILL, Petitioner-Appellee, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, et al., Respondents-Appellants. LESBIAN/GAY FREEDOM DAY COMMITTEE, INC., et al., Plaintiffs-Appellees, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 7, 1983.

Attorney(s) appearing for the Case

James Hunolt, Washington, D.C., for petitioner-appellee.

Jeff T. Appleman, Mary C. Dunlap, San Francisco, Cal., Laurence R. Sperber, Los Angeles, Cal., for respondents-appellants.

Before ELY, Senior Circuit Judge, and SCHROEDER and BOOCHEVER, Circuit Judges.

BOOCHEVER, Circuit Judge:

This appeal presents the issue whether Congress intended to require the Immigration and Naturalization Service to obtain a Public Health Service medical certificate before excluding self-declared homosexuals from the United States on the ground of affliction with a psychopathic personality, sexual deviation, or mental defect. We conclude that Congress did so intend. As a result, we hold that the...

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