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CALERO v. I.N.S.

No. 861, Docket 91-6247.

957 F.2d 50 (1992)

Rene Wilfredo Molina CALERO, Plaintiff-Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE; William S. Slattery, in his official capacity as District Director of the Immigration and Naturalization Service; Richard Thornburgh, in his capacity as Attorney General of the United States and the Immigration and Naturalization Service, an agency of the Department of Justice, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 19, 1992.

Attorney(s) appearing for the Case

Neil H. Afran, International Human Rights Asylum Litigation Clinic, Touro College, Jacob D. Fuchsberg Law Center, Huntington, New York City, for plaintiff-appellant.

Diogenes P. Kekatos, Asst. U.S. Atty., New York City (Otto G. Obermaier, U.S. Atty., S.D.N.Y., James A. O'Brien, III, Sp. Asst. U.S. Atty., Thomas A. Zaccaro, Asst. U.S. Atty., of counsel), for defendants-appellees.

Before TIMBERS and WINTER, Circuit Judges, and MUKASEY, District Judge.

WINTER, Circuit Judge:

Appellant Rene Wilfredo Molina Calero appeals from Judge Patterson's order dismissing his complaint under Fed.R.Civ.P. 12(b)(1) for lack of subject-matter jurisdiction, and under Fed.R.Civ.P. 12(b)(6), for failure to state a claim. Calero, a fifteen-year-old citizen of El Salvador, unlawfully entered the United States on February 12, 1991. The Immigration and Naturalization Service ("INS") served Calero with an order to show cause and notice...

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