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LOA-HERRERA v. TROMINSKI

No. 99-40122.

231 F.3d 984 (2000)

Julio LOA-HERRERA, Ramiro Cantu-Gracia, Juana Guzman-Ascencio, Efrain Merino, Arturo Lozano-Lopez, Alejandra Gutierrez, Juan Sanchez-Salinas, Adelita Cantu de Cabrera, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellees, v. E.M. TROMINSKI, District Director, Immigration and Naturalization Service; District Director, Janet Reno, Attorney General, USA; Immigration and Naturalization Service, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 31, 2000.

Attorney(s) appearing for the Case

Lisa S. Brodyaga (argued), Rufugio de Rio Grande, San Benito, TX, for Plaintiffs-Appellees.

Regina Byrd (argued), David V. Bernal, U.S. Dept. of Justice, Office of Immigration Litigation, Washington, DC, for Defendants-Appellants.

Mary A. Kenney, Lawyers' Committee for Civil Rights, San Antonio, TX, for Lawyers' Committee for Civil Rights Under Law of Texas, Amicus Curiae.

Before SMITH and DENNIS, Circuit Judges, and HARMON, District Judge.

JERRY E. SMITH, Circuit Judge:

The plaintiff class is comprised of lawful permanent residents ("LPR's") faced with pending deportation or exclusion proceedings1 in which no final order of deportation or exclusion has yet been entered, who are not presently held in detention, and whose immigration documents have been confiscated by the Harlingen, Texas, office of the Immigration and Naturalization Service ("INS"). Plaintiffs object to INS...

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