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  5. 880 F.2d 506 (1989)
 

RAFEEDIE v. I.N.S.

Nos. 88-5240, 88-5267.

880 F.2d 506 (1989)

Fouad Yacoub RAFEEDIE v. IMMIGRATION & NATURALIZATION SERVICE, an Agency of the Federal Government, et al., Appellants. Fouad Yacoub RAFEEDIE, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided July 21, 1989.

Attorney(s) appearing for the Case

Steven R. Valentine, Deputy Asst. Atty. Gen., Dept. of Justice, with whom John R. Bolton, Asst. Atty. Gen., and Douglas Letter, Atty., Dept. of Justice, Washington, D.C., were on the brief, for appellants in No. 88-5240 and appellees in No. 88-5267.

David Cole, with whom Timothy B. Dyk, Kerry W. Kircher and Michael Maggio, Washington, D.C., were on the brief, for appellee in No. 88-5240 and cross-appellant in No. 88-5267.

Arthur B. Spitzer and Elizabeth Symonds, Washington, D.C., were on the brief for amici curiae, urging reversal.

Before RUTH B. GINSBURG, SILBERMAN and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

Concurring opinion filed by Circuit Judge RUTH B. GINSBURG.

Dissenting opinion filed by Circuit Judge SILBERMAN.

D.H. GINSBURG, Circuit Judge:

Defendants Immigration and Naturalization Service and several governmental officers sued in their official capacities (treated collectively here) appeal from an order of the district court insofar as it granted a preliminary injunction prohibiting...

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