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AUGUSTE v. RENO

No. 95-5555.

152 F.3d 1325 (1998)

Herve AUGUSTE, Plaintiff-Appellee, v. Attorney General, United States, Janet RENO, Immigration and Naturalization Service, United States, District Director for the Immigration and Naturalization Service, Walter Cadman, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

September 2, 1998.

Attorney(s) appearing for the Case

Dexter A. Lee, Linda Collins Hertz, Asst. U.S. Attys., Miami, FL, Carl H. McIntyre, Jr., U.S. Dept. of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, for defendants-appellants.

William J. Sanchez, Coral Gables, FL, for plaintiff-appellee.

Before TJOFLAT and EDMONDSON, Circuit Judges, and O'NEILL, Senior District Judge.

ON PETITION FOR REHEARING

TJOFLAT, Circuit Judge:

We withdraw our opinion in 140 F.3d 1373 (11th Cir.1998) and substitute therefor the following opinion.

Under the Visa Waiver Pilot Program ("VWPP"), see 8 U.S.C. § 1187 (1994); see also 8 U.S.C.A. § 1187 (West supp. 1998), an alien from a qualifying country who meets certain requirements not relevant here may enter the United States without...

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