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AIR TRANSPORT ASS'N OF AMERICA v. RENO

No. 95-5143.

80 F.3d 477 (1996)

AIR TRANSPORT ASSOCIATION OF AMERICA, Appellant, v. Janet RENO, United States Attorney General and Doris Meissner, Commissioner of the Immigration and Naturalization Service, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 26, 1996.

Rehearing and Suggestion for Rehearing Denied May 24, 1996.

Attorney(s) appearing for the Case

Eric M. Braun, Washington, DC, argued the cause for appellant, with whom Michael S. Sundermeyer was on the briefs.

Darrell C. Valdez, Assistant United States Attorney, argued the cause for appellees, with whom Eric H. Holder, Jr., United States Attorney, and R. Craig Lawrence, Assistant United States Attorney, were on the brief. Rudolph Contreras, Assistant United States Attorney, entered an appearance.

Before: WALD, WILLIAMS and TATEL, Circuit Judges.

Rehearing and Suggestion for Rehearing In Banc Denied May 24, 1996.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Appellant Air Transport Association of America ("ATA") challenges two policies of the Immigration and Nationalization Service ("INS"). Under the INS's Transit Without Visa ("TWOV") policy, airlines are permitted to allow foreign passengers to board planes bound for the United States even if the passengers do not...

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