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CUOMO v. BARR

No. 1880, Docket 93-6096.

7 F.3d 17 (1993)

Mario CUOMO, Governor of the State of New York; Thomas A. Coughlin, Commissioner of the New York State Department of Correctional Services; Raul Russi, Chairman of the New York State Division of Parole, Plaintiffs-Appellants, v. William P. BARR, Attorney General of the United States; Eugene McNary, Commissioner of the Immigration and Naturalization Service; Stanley McKinley, Director of the INS Eastern Regional Office; William Slattery, INS Director of the New York District, and John Ingham, INS Director for the Buffalo, New York District, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 29, 1993.

Attorney(s) appearing for the Case

Judith T. Kramer, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of N.Y., of counsel), for plaintiffs-appellants.

William J. Howard, U.S. Dept. of Justice, Washington, DC (Stuart E. Schiffer and David J. Kline, Dept. of Justice, of counsel), for defendants-appellees.

Before: WINTER, MINER and WALKER, Circuit Judges.

WINTER, Circuit Judge:

Mario Cuomo, Governor of New York, and other state officials (collectively "New York") appeal from Judge Scullin's decision granting partial summary judgment to defendants-appellees, the United States Attorney General and officials of the Immigration and Naturalization Service ("INS"). New York's complaint charged INS with various violations of Section 242(a) of the Immigration and Nationality Act, 8 U.S.C. § 1252, and the Administrative...

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