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GALLANOSA BY GALLANOSA v. UNITED STATES

No. 85-1656.

785 F.2d 116 (1986)

Kristin Rose GALLANOSA, an infant under the age of 21 years who sues by Mayorico G. GALLANOSA, Jr., her father and next friend; Kathryn May Gallanosa, an infant under the age of 21 years who sues by Mayorico G. Gallanosa, Jr., her father and next friend; Mayorico Sanez Gallanosa, III, an infant under the age of 21 years who sues by Mayorico G. Gallanosa, Jr., his father and next friend; Mayorico G. Gallanosa, Jr., Rosalinda Gallanosa, Appellees, v. UNITED STATES of America; United States Immigration and Naturalization Service of the Department of Justice, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided February 27, 1986.

Attorney(s) appearing for the Case

Michael P. Lindemann, Office of Immigration Litigation, U.S. Dept. of Justice (Richard K. Willard, Acting Asst. Atty. Gen., Dawn MacPhee, Asst. Director, Washington, D.C., on brief), for appellants.

I. Steven Krup, Washington, D.C., for appellees.

Before PHILLIPS and SNEEDEN, Circuit Judges, and SENTELLE, United States District Judge, sitting by designation.

JAMES DICKSON PHILLIPS, Circuit Judge:

The government appeals the district court's grant of a preliminary injunction enjoining the deportation of the Gallanosa family pending the Immigration and Naturalization Service's (INS) complete review of the Gallanosas' application for suspension of deportation. The government argues that the district court lacked jurisdiction, because the Gallanosas had failed to exhaust their administrative remedies. The Gallanosas counter...

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