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AREVALO-FRANCO v. U.S. I.N.S.

No. 88-1812.

889 F.2d 589 (1989)

J. Jesus AREVALO-FRANCO, Plaintiff-Appellant, v. U.S. IMMIGRATION AND NATURALIZATION SERVICE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 5, 1989.

Attorney(s) appearing for the Case

Peter D. Williamson, Houston, Tex., Paul Parsons, Austin, Tex., for plaintiff-appellant.

LeRoy Morgan Jahn, Asst. U.S. Atty., Helen M. Eversberg, U.S. Atty., San Antonio, Tex., Katherine L. Smith, Asst. U.S. Atty., Austin, Tex., for defendant-appellee.

Before GARZA, REAVLEY, and POLITZ, Circuit Judges.

POLITZ, Circuit Judge:

When the Immigration and Naturalization Service (INS) failed to respond to his request for records under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, J. Jesus Arevalo-Franco sought judicial enforcement of the FOIA in the district court for the Western District of Texas. Arevalo's complaint had the desired effect; the records he requested were made available and Arevalo moved to dismiss his suit but sought court costs and attorney...

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