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DIA NAV. CO., LTD. v. POMEROY

No. 93-5538.

34 F.3d 1255 (1994)

DIA NAVIGATION COMPANY, LIMITED, Appellant, v. James POMEROY, District Director, Immigration and Naturalization Service; Chris Sale, Commissioner, Immigration and Naturalization Service; Janet Reno, Attorney General, Department of Justice.

United States Court of Appeals, Third Circuit.

Decided September 13, 1994.

Attorney(s) appearing for the Case

Stephen H. Vengrow, Joseph F. DeMay, Jr., (argued), Cichanowicz, Callan & Keane, New York City, for appellant.

Faith S. Hochberg, U.S. Atty., James B. Clark, III, Asst. U.S. Atty., Newark, NJ, Frank W. Hunger, Asst. Atty. Gen., Mark C. Walters, Asst. Director, Alexander H. Shapiro, (argued), Office of Immigration Litigation, U.S. Dept. of Justice, Washington, DC, for appellees.

Before: HUTCHINSON, ROTH and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge:

In this case, we are asked to examine the Immigration and Naturalization Service's ("INS") policy of placing upon common carriers the burden of detaining stowaways who have applied for asylum in the United States. In brief, we conclude that the provisions of the Immigration and Naturalization Act ("INA") lack the requisite clarity which would justify the policy as it presently has been established. In light of the...

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