ANETEKHAI v. I.N.S.

Nos. 88-3191 & 88-3450.

876 F.2d 1218 (1989)

Paul and Mona ANETEKHAI, Plaintiffs-Appellants, v. IMMIGRATION AND NATURALIZATION SERVICE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 12, 1989.


Attorney(s) appearing for the Case

Catherine Lampard, Malvern C. Burnett, New Orleans, La., for plaintiffs-appellants.

Lucas Guttentag, ACLU, Immigration Task Force, New York City, William Patrick Quigley, ACLU of La., New Orleans, La., for amicus-ACLU.

Peter D. Williamson, Kelly A. Chaves, Houston, Tex., for amicus-Bright & Marcia.

David V. Bernal, Atty., Office of Imm. Lit., Civ. Div., U.S. Dept. of Justice, Washington, D.C., Renee Clark McGinty, Asst. U.S. Atty., John P. Volz, U.S. Atty., New Orleans, La., for defendant-appellee.

Before ALDISERT, REAVLEY and HIGGINBOTHAM, Circuit Judges.


REAVLEY, Circuit Judge:

Appellants Paul and Mona Anetekhai brought this suit challenging the constitutionality of Section 5(b) of the Immigration Marriage Fraud Amendments of 1986 ("IMFA"), 8 U.S.C. § 1154(h). The district court, holding that § 1154(h) is constitutional, entered judgment in favor of the Immigration and Naturalization Service ("INS") and dismissed the Anetekhais' complaint. We affirm.

I.

The Immigration and Nationality Act...

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