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GORBACH v. RENO

No. 98-35723.

179 F.3d 1111 (1999)

Irina GORBACH; Jose Luis Rosas-Madrid; Agueda Escalante; Ruben Lara; Javier Sanguino; Mac Maurice Chukwud Ijeaku; Loreto Moncado Juan; Pedro Legarda-Legarda; Adolpho Erazo, Plaintiffs-Appellees, v. Janet RENO, Attorney General of the United States; Doris M. Meissner, Commissioner of Immigration and Naturalization Service; United States Immigration and Naturalization Service, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed June 4, 1999.

Attorney(s) appearing for the Case

Michelle R. Slack, United States Department of Justice, Office of Immigration Litigation, Washington D.C., for the defendants-appellants.

Jonathan S. Franklin, Hogan & Hartson, Washington D.C., for the plaintiffs-appellees.

Before: ALARCON, RYMER, and KLEINFELD, Circuit Judges.

Opinion by Judge RYMER; Dissent by Judge KLEINFELD.

RYMER, Circuit Judge:

The question before us is whether the Attorney General, who has the exclusive power to naturalize, has the statutory authority to reopen and revoke her orders of naturalization on grounds of fraud, material misrepresentation or ineligibility for naturalization subject to de novo judicial review by an Article III court.

The Immigration Act of 1990, § 401(a), 8 U.S.C. §...

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