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AGUILAR-AYALA v. RUIZ

No. 91-2848.

973 F.2d 411 (1992)

J. Jesus Faustino AGUILAR-AYALA, et al., Plaintiffs-Appellants, v. Cecilio RUIZ, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 2, 1992.

Attorney(s) appearing for the Case

Carter C. White, Costilla & Stapleton, Brownsville, Tex., for J. Jesus Faustino Aguilar-Ayala, et al.

David Ayala, Sp. Asst. U.S. Atty., McAllen, Tex., Marianne Tomecek, Chief Civ. Div., Asst. U.S. Atty., Ronald G. Woods, U.S. Atty., Houston, Tex., for Cecilio Ruiz, etc., et al.

Before GOLDBERG, HIGGINBOTHAM, and DAVIS, Circuit Judges.

GOLDBERG, Circuit Judge:

The government, in its campaign against the unlawful entry into the United States by foreign nationals, had deployed a practice of detaining certain aliens as material witnesses for the criminal prosecution of those persons charged with transporting them across the border. The detained aliens, unable to reach an armistice with the government, returned fire with this lawsuit, contending that the government's operation of detaining them indefinitely...

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