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CHAN v. RENO

No. 96-15595.

113 F.3d 1068 (1997)

Gee-Kwong CHAN, on behalf of themselves and all others similarly situated; Ying Xu Feng, on behalf of themselves and all others similarly situated; Geng Quan Shan, on behalf of themselves and all others similarly situated; De-Ning Luo, Plaintiffs-Appellants, v. Janet RENO, Attorney General of the United States; Thomas J. Schiltgen, District Director of the Immigration & Naturalization Service; Joseph L. Thomas, Director, Western Service Center; Doris Meissner, Commissioner, Immigration & Naturalization Service; Immigration and Naturalization Service; Executive Office of Immigration Review; Madeleine Albright, Secretary of State of the United States; U.S. Department of State, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 14, 1997.

Attorney(s) appearing for the Case

Eugene C. Wong and Robert G. Ryan, Law Offices of Valencia & Wong, San Francisco, California, for plaintiffs-appellants.

Ethan B. Kanter, United States Department of Justice, Washington, D.C., for defendants-appellees.

Before: WIGGINS, TROTT, Circuit Judges, and ZAPATA, District Judge.

OPINION

WIGGINS, Circuit Judge:

The Immigration and Naturalization Service ("INS") denied plaintiffs' applications for adjustment of status under the Chinese Student Protection Act of 1992, Pub.L. No. 102-404, 106 Stat.1969, reprinted in 8 U.S.C.A. § 1255 note (West Supp.1997) (hereinafter "CSPA"). Plaintiffs challenged the INS's decision in district court, which dismissed plaintiffs' complaint for failure to state a cause of action. We affirm...

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