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MEDINA v. O'NEILL

No. 87-2440.

838 F.2d 800 (1988)

Jesus A. MEDINA, et al., Plaintiffs-Appellees, v. Paul B. O'NEILL, Etc., et al., Defendants-Appellants. Maria Delia GARCIA, Plaintiff-Appellee, v. Paul B. O'NEILL, Etc., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 4, 1988.

Attorney(s) appearing for the Case

Nanette R. Everson, Sp. Counsel to Asst. Atty. Gen., Civ.Div., Dept. Justice, Washington, D.C., Sam Longoria, Asst. U.S. Atty., Houston, Tex., Michael K. Suarez, for defendants-appellants.

Stefan Presser, ACLU of Pa., Philadelphia, Pa., for Medina et al.

Frumencio Reyes, Jr., Houston, Tex., for Garcia.

Richard Prinz, Houston, Tex., for amicus curiae Am. Immigration Lawyers Ass'n.

Before BROWN, JOHNSON and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Stowaways were detained in a private detention facility as excludable aliens. One alien was killed and another injured while attempting to escape. Certain of the aliens sued, claiming both statutory and due process violations. The district court1 in a careful opinion found that the Immigration and Nationality Act imposed upon the Immigration and Naturalization Service a responsibility for the stowaways...

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