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MALIK v. MEISSNER

No. 1153, Docket 95-6179.

82 F.3d 560 (1996)

Mohammed Abdul MALIK, Plaintiff-Appellant, v. Doris MEISSNER, Commissioner, Immigration and Naturalization Service and Immigration and Naturalization Service, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 2, 1996.

Attorney(s) appearing for the Case

Charles A. Grutman, New York City, for Plaintiff-Appellant.

Diogenes P. Kekatos, Assistant United States Attorney, Southern District of New York, New York City (Mary Jo White, United States Attorney, James A. O'Brien III, F. James Loprest, Jr., Special Assistant United States Attorneys, Steven M. Haber, Assistant United States Attorney, of counsel), for Defendants-Appellees.

Before: VAN GRAAFEILAND, MESKILL, and WINTER, Circuit Judges.

WINTER, Circuit Judge:

Mohammed Abdul Malik appeals from Judge Scheindlin's dismissal of his amended complaint. Malik sought a declaratory judgment that defendants Doris Meissner, Commissioner of the Immigration and Naturalization Service ("INS"), and the INS had unlawfully declined to reopen his disapproved application for temporary resident status as a Special Agricultural Worker ("SAW") pursuant to 8 U.S.C. § 1160(b)(1), (2) & (4). Malik also sought a...

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