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KOFA v. U.S. I.N.S.

Nos. 92-1246, 92-2522.

60 F.3d 1084 (1995)

Lorenzo KOFA, Petitioner, v. U.S. IMMIGRATION & NATURALIZATION SERVICE, Respondent. Washington Lawyers' Committee For Civil Rights Under Law; American Immigration Lawyers Association; Legal Action Center of the American Immigration Law Foundation; National Immigration Project of the National Lawyers Guild, Amici Curiae. Jorge Samuel MORENO, Petitioner, v. U.S. IMMIGRATION & NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided July 27, 1995.

Attorney(s) appearing for the Case

ARGUED: Margaret Gleason, Catholic Legal Immigration Network, Washington, DC, for petitioner. Joel Alan Fischman, Dickstein, Shapiro & Morin, Washington, DC, for amici curiae. Frank S. Holleman, III, Civ. Div., U. S. Dept. of Justice, Washington, DC, for respondent. ON BRIEF: Stuart M. Gerson, Asst. Atty. Gen., David J. Kline, Asst. Director, Office of Immigration Litigation, Civ. Div., U. S. Dept. of Justice, Washington, DC, for respondent. Justin D. Simon, Amy M. Nice, Alison N. Davis, Dickstein, Shapiro & Morin, Washington, DC, Lory D. Rosenberg, American Immigration Law Foundation, Washington, DC, for amici curiae.

Before ERVIN, Chief Judge, and RUSSELL, WIDENER, HALL, MURNAGHAN, WILKINSON, WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

Petitions for review denied by published opinion. Judge WIDENER wrote the majority opinion, in which Judges RUSSELL, WILKINSON, WILKINS, NIEMEYER, LUTTIG, and WILLIAMS joined. Judge HAMILTON wrote a dissenting opinion, in which Chief Judge ERVIN and Judges HALL, MURNAGHAN, and MICHAEL joined.

OPINION

WIDENER, Circuit Judge:

The sole issue in these consolidated cases is whether 8 U.S.C. § 1253(h)(2)(B),1 which authorizes...

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