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GORBACH v. RENO

No. 98-35723.

219 F.3d 1087 (2000)

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.

Opinion Filed June 4, 1999.

Rehearing Granted and Opinion Withdrawn October 19, 1999.

Argued and Submitted March 23, 2000.

Filed July 20, 2000.

Attorney(s) appearing for the Case

Patricia Maher (argued) and Michelle R. Slack (briefed), United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington D.C., for the defendants-appellants.

William A. Bradford, Jr., Jonathan L. Abram, Jonathan S. Franklin (argued), Hogan & Hartson L.L.P., Washington, D.C., David J. Burman, Victor Cerda, Perkins Coie L.L.P., Seattle, WA, Robert H. Gibbs, Gibbs Houston Pauw, Seattle, WA, Linton Joaquin, National Immigration Law Center, Los Angeles, CA, for the plaintiffs-appellees. Evelyn H. Cruz, Mark Silverman, Immigrant Legal Resource Center, San Francisco, CA, Meridith R. Brown, One Stop Immigration Center, Inc., Los Angeles, CA, of counsel.

Before: HUG, Chief Judge, BROWNING, SCHROEDER, O'SCANNLAIN, T.G. NELSON, KLEINFELD, HAWKINS, TASHIMA, THOMAS, GRABER, and WARDLAW, Circuit Judges.

Rehearing En Banc Granted and Opinion Withdrawn October 19, 1999.

KLEINFELD, Circuit Judge, delivered the opinion of the Court, which is joined in full by Chief Judge HUG, Judge BROWNING, Judge SCHROEDER, Judge O'SCANNLAIN, Judge GRABER, and Judge WARDLAW.

KLEINFELD, Circuit Judge:

We must decide whether the power to confer citizenship through the process of naturalization necessarily includes the power to revoke that citizenship. We conclude that...

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