SUDOMIR v. McMAHON

No. 84-2077.

767 F.2d 1456 (1985)

Elizabeth SUDOMIR, Ebrahim Nejati, Mahin Vojdani Nejati, Mojgan Nejati, a minor, by her guardian ad litem, Ebrahim Nejati, Veronica Jefferson, a minor, by her guardian ad litem, Elizabeth Sudomir, on Behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Linda McMAHON, in her official capacity as the Executive Director of the Department of Social Services of the State of California; Jesse Huff, in his official capacity as Director of the Department of Finance of the State of California; and Margaret M. Heckler, in her official capacity as Secretary of the Department of Health and Human Services of the United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 12, 1985.


Attorney(s) appearing for the Case

Joseph E. Rasch-Chabot, Feldman, Waldman & Kline, San Francisco, Cal., for plaintiffs-appellants.

William F. Soo Hoo, Dist. Atty. Gen., Sacramento, Cal., Deborah Ruth Kant, Washington, D.C., for defendants-appellees.

Before SNEED, TANG and CANBY, Circuit Judges.


SNEED, Circuit Judge:

This is an appeal from the denial of a motion for a preliminary injunction by three aliens who challenge the denial by the California Department of Social Services (the Department) of welfare benefits under the Aid to Families with Dependent Children (AFDC) program. Each of the three has applied for, but not yet received, political asylum. In essence, the aliens contend that the pertinent legislation and the Equal Protection Clause of the Fourteenth...

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