AMERICAN-ARAB ANTI-DISCRIMINATION COM. v. THORNBURGH

No. 89-55358.

940 F.2d 445 (1991)

AMERICAN-ARAB ANTI-DISCRIMINATION COMMITTEE; Arab-American Democratic Federation; Association of Arab-American University Graduates; Irish National Caucus, et al., Plaintiffs-Appellees, v. Richard THORNBURGH, Attorney General, Alan C. Nelson, Commissioner, INS; Harold Ezell; Ernest E. Gustafson, District Director; U.S. Immigration and Naturalization Service, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 26, 1991.

As Amended August 8 and September 27, 1991.


Attorney(s) appearing for the Case

Stuart E. Schiffer, Acting Asst. Atty. Gen., Steven Richards Valentine, Deputy Asst. Atty. Gen., Douglas Letter, Appellate Litigation Counsel, Linda S. Wendtland, Civil Div., Dept. of Justice, Washington, D.C., for defendants-appellants.

David Cole, Michael Ratner, Center for Constitutional Rights, New York City, Paul L. Hoffman, Mark D. Rosenbaum, Carol Sobel, ACLU Foundation of Southern California, Marc Van Der Hout, National Lawyers Guild, San Francisco, Cal., Dan Stormer, National Lawyers Guild, Peter A. Schey, Center for Human Rights and Constitutional Law, Los Angeles, Cal., for plaintiffs-appellees.

Before POOLE and THOMPSON, Circuit Judges, and PRO, District Judge.


POOLE, Circuit Judge:

The government appeals from the district court's declaratory judgment that sections 241(a)(6)(D), (F)(iii), (G)(v), and (H) of the McCarran-Walter Act of 1952, codified in 8 U.S.C. §§ 1251(a)(6)(D), (F)(iii), (G)(v), and (H) (the Act), are unconstitutionally overbroad in violation of the first amendment.1 We affirm in part, reverse in part, vacate the judgment and...

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