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RAHIM v. McNARY

No. 1017, Docket 93-2592.

24 F.3d 440 (1994)

Abdur RAHIM, Ruhol Quddus Sarkar, Abdul M. Bhuiyan, Sunther Kandaswamy, MD Yusef Ali, Faruque Ahmed, Salah Abdelfattah, Gulam Mohammed Choudhury, Karnail Singh, Mohammed Salimul Alam, Mohammed Omer Mirdha, Abdul MD Wadud, Mohammed Azam Choudhury, Chhotobhai Patel, Johangir Sheikh Ali, Mahbub Ahmed, Khalid Hameed, Syed Solaiman, Jashim Ahmed, Abdul Basher M. Faizullah, Molla Momin, MD Nural Hussain, Nirad Barua, Mustafa Ahmed, Mohammad Akbar, Hassan Abdelghany Mohammed, Roshan Lal Pathak, Plaintiffs-Appellants, v. Gene McNARY, Commissioner, Immigration & Naturalization Service, Immigration & Naturalization Service, Terrance O'Reilly, Director, Immigration & Naturalization Service, Administrative Appeals Unit, Joseph Cudihy, Chief, Immigration & Naturalization Service, Administrative Appeals Unit, Immigration & Naturalization Service, Administrative Appeals Unit, Immigration & Naturalization Service, Legalization Appeals Unit, Andrea Quarantillo, Director, Immigration & Naturalization Service, Legalization Appeals Unit, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 17, 1994.

Attorney(s) appearing for the Case

Charles A. Grutman, New York City, for plaintiffs-appellants.

Diogenes P. Kekatos, Asst. U.S. Atty., S.D.N.Y. (Mary Jo White, U.S. Atty. for the S.D.N.Y., Gabriel W. Gorenstein, Asst. U.S. Atty., S.D.N.Y., of counsel), for defendants-appellees.

Before: WALKER and JACOBS, Circuit Judges, and DALY, District Judge.

PER CURIAM:

Appellants, twenty-seven undocumented aliens denied temporary resident status under the Special Agricultural Worker ("SAW") provisions of the Immigration Reform and Control Act of 1986 ("IRCA"), challenge two regulations of the Immigration and Naturalization Service ("INS") which preclude applicants from filing motions to reopen a proceeding or reconsider an INS decision. See 8 C.F.R. §§ 103.5(b), 210.2(g) (1993). They now appeal a decision...

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