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COMMITTEE OF CENTRAL AMERICAN REFUGEES v. I.N.S.

Nos. 85-2329, 85-2752.

807 F.2d 769 (1986)

COMMITTEE OF CENTRAL AMERICAN REFUGEES ("Comite De Refugiados Centro-Americanos" or "Crece"), Political Asylum Emergency Representation Program, et al., Plaintiffs-Appellants, v. IMMIGRATION AND NATURALIZATION SERVICE, Meese, Edwin R., as Attorney General of the United States, Nelson, Alan C., as Commissioner of the Immigration and Naturalization Service, and Ilchert, David, as Director of the S.F. District of INS, Defendants-Appellees. COMMITTEE OF CENTRAL AMERICAN REFUGEES, et al., Plaintiffs-Appellants, v. IMMIGRATION AND NATURALIZATION SERVICE, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 31, 1986.

As Amended January 9, 1987.

Attorney(s) appearing for the Case

Liza Amtanis, Kevin R. Johnson, Heller, Ehrman, White & McAuliffe, Robert Rubin, San Francisco, Cal., for plaintiffs-appellants.

Joan E. Smiley, Dept. of Justice, Washington, D.C., for defendants-appellees.

Before ALARCON and WIGGINS, Circuit Judges, and STEPHENS, District Judge.

The court's opinion in this case filed July 31, 1986, and which appears in 795 F.2d at 1434 is amended as follows:

1. Delete the final full paragraph which begins on page 1439 and carries over to page 1440, including footnote 7, and substitute the following paragraph:

We have held that the right to counsel is violated when the INS effectively denies access to counsel because of the failure of the immigration judge to grant a continuance at the new place of...

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