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HAITIAN REFUGEE CENTER, INC. v. NELSON

No. 88-5934.

872 F.2d 1555 (1989)

HAITIAN REFUGEE CENTER, INC., a not-for-profit corporation, Roman Catholic Diocese of Palm Beach, Marie Gizele Angrand, Germaine Cadet, Rosita Delva, Dieumercie Desir, Joseph Saintil Dieudonne, Gerard Henry, Marie France Jean-Philippe, Novamise Julien, Francklin Joseph, Sylvia Lindor, Plaintiffs-Appellees, v. Alan C. NELSON, Commissioner of Immigration and Naturalization Service, Perry Rivkind, District Director, Immigration and Naturalization Service, District Office Number 6, Kenneth Pasquarell, District Director, Immigration and Naturalization Service, District Office Number 26, William Chambers, Director, Immigration and Naturalization Service Regional Processing Facility for the Southern Region, Immigration and Naturalization Service, Department of Justice, Richard Norton, Associate Commissioner of Examination, Immigration and Naturalization Service, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

May 23, 1989.

Attorney(s) appearing for the Case

Allen W. Hausman, Office of Immigration Litigation, Civil Div. Washington, D.C., for defendants-appellants.

David V. Bernal, Office of Immigration Lit. Civ. Div., Washington, D.C., for Alan C. Nelson.

Ira J. Kurzban, Kurzban, Kurzban & Weinger, Cheryl Little, Haitian Refugee Center, Inc., Miami, Fla., for plaintiffs-appellees.

Robert A. Williams, Florida Rural Legal Services, Inc., Immokalee, Fla., Michael Guare, Florida Rural Legal Services, Inc., Bartow, Fla., for Rosita Delva, Hector Trejo Tamayo, Juan Tamayo Vega, et al.

Niels W. Frenzen, Public Counsel, Los Angeles, Cal., for amicus curiae American Immigration Lawyers Ass'n.

Before RONEY, Chief Judge, VANCE, Circuit Judge, and KAUFMAN, Senior District Judge.

VANCE, Circuit Judge:

This action was filed on June 13, 1988 on behalf of the Haitian Refugee Center, the Migration and Refugee Services of the Roman Catholic Diocese of Palm Beach, Florida, and seventeen applicants for temporary residence under the Special Agricultural Worker ("SAW") program provided for in section 210 of the Immigration and Nationality Act ("INA") (codified as amended by the Immigration Reform and Control Act of 1986 ("IRCA"), Pub.L. No. 99-603...

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