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MASSIEU v. RENO

No. 96-5125.

91 F.3d 416 (1996)

Mario Ruiz MASSIEU v. Janet RENO, In Her Capacity as Attorney General of the United States of America; Warren Christopher, In His Capacity as Secretary of State of the United States; United States Immigration and Naturalization Service; Warren A. Lewis, In His Capacity as District Director of the Immigration and Naturalization Service; Demetrius Georgakopoulos, In His Capacity as Assistant District Director, Investigations, Immigration and Naturalization Service, Appellants.

United States Court of Appeals, Third Circuit.

Decided July 29, 1996.

Sur Petition for Rehearing September 26, 1996.

Attorney(s) appearing for the Case

Frank W. Hunger, Assistant Attorney General, Gary G. Grindler, Atlanta, GA, Stephen W. Preston, Deputy Assistant Attorneys General, Douglas N. Letter, Jacob M. Lewis (argued), David J. Kline, Attorneys, Civil Division, Department of Justice, Washington, D.C., for Appellants.

Cathy Fleming (argued), Camille M. Kenny, Fleming, Roth & Fettweis, Newark, New Jersey, for Appellee.

Before: GREENBERG, ALITO, and McKEE, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge:

This is an appeal from an order of the district court declaring unconstitutional § 241(a)(4)(C)(i) of the Immigration and Nationality Act (the "INA" or the "Act"), 8 U.S.C. § 1251(a)(4)(C)(i), and enjoining further deportation proceedings against plaintiff under that provision. Entertaining jurisdiction over plaintiffs constitutional claims under 28 U.S.C. § 1331, the district court held that §...

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