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ORTIZ v. MEISSNER

Nos. 98-16471, 98-16472.

179 F.3d 718 (1999)

Jose Manuel ORTIZ; Pedro Vasquez; Luis Montoya; Juan Villanueva; Pascual Villalobos; Imelda Campos; Hector Lara; Reginaldo Dian; Ricardo Fernandez; Jose Yepez; Meliton Martinez; Rajinder Randhawa; Leonel Acosta; Guillermo Duarte, Plaintiffs-Appellees, v. Doris M. MEISSNER, INS Commissioner, Defendant-Appellant. Miguel Olivares; Maria Gonzalez; Leticia Chavez; Roberto Ventura; Darshan Singh, Plaintiffs-Appellees, v. Doris M. Meissner, INS Commissioner, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 3, 1999.

Attorney(s) appearing for the Case

Thankful T. Vanderstar, United States Department of Justice, Washington, DC, for the defendant-appellant.

Jonathan M. Kaufman, Kaufman Law Office, San Francisco, California, for the plaintiffs-appellees.

Before: SCHROEDER, FERNANDEZ, and SILVERMAN, Circuit Judges.

SCHROEDER, Circuit Judge:

Plaintiffs are all aliens who have been administratively denied legalization under one of two amnesty programs established by Congress in 1986. The first program is for "special agricultural workers" ("SAWs"), 8 U.S.C. § 1160, and the second program is for aliens who have resided in the United States since January 1, 1982, 8 U.S.C. § 1255a. The programs contain parallel provisions that allow persons who file a non-frivolous or prima...

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