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VELASCO-GUTIERREZ v. CROSSLAND

No. 82-1682.

732 F.2d 792 (1984)

Desiderio VELASCO-GUTIERREZ, Maria De Lourdes Rodriguez De Velasco, and Juan Carlos Velasco-Rodriguez by Desiderio Velasco-Gutierrez, his father and next friend, Plaintiffs-Appellees, v. David CROSSLAND, Acting Director of the Immigration and Naturalization Service, United States Department of Justice; and Robert Godshall, District Director of the Immigration and Naturalization Service, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

April 24, 1984.

Attorney(s) appearing for the Case

James W. Winchester, Asst. U.S. Atty., Denver, Colo. (Robert N. Miller, U.S. Atty., with him on brief), Denver, Colo., for defendants-appellants.

Susan E. Perry, Denver, Colo., for plaintiffs-appellees.

Before McWILLIAMS, BREITENSTEIN and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Plaintiffs Desiderio Velasco-Gutierrez, Maria de Lourdes Rodriguez de Velasco, and Juan Carlos Velasco-Rodriguez (the Velascos) brought this action for injunctive and declaratory relief against officials of the United States Immigration and Naturalization Service (INS or the Service), alleging that the Service's refusal to consider the Velascos for "deferred action" concerning their departure from the United States violates the due process...

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