KWAI FUN WONG v. U.S.

No. 02-35727.

373 F.3d 952 (2004)

KWAI FUN WONG; Wu-Wei Tien Tao Association, Plaintiffs-Appellees, v. UNITED STATES of America, Immigration and Naturalization Service, being sued as David V. Beebe, Jerry F. Garcia, Jack O'Brien, Douglas Glover and John Doe INS Officials; United States of America, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed June 25, 2004.


Attorney(s) appearing for the Case

Anne Murphy, Assistant United States Attorney, Civil Division, Office of the Attorney General, Washington, DC, for the defendants-appellants.

Zan Tewksbury, Steenson, Schumann, Tewksbury & Rose, P.C., Portland, OR, for the plaintiffs-appellees.

Steven A. Hirsch, Keker & Van Nest, LLP, San Francisco, CA, for the amicus curiae in support of plaintiffs-appellees.

Before: GOODWIN, HUG, and BERZON, Circuit Judges.


BERZON, Circuit Judge:

This appeal presents a set of thorny procedural and substantive questions implicating several areas of constitutional and immigration law. These questions include: the scope of some of the jurisdiction-stripping provisions of the Immigration and Nationality Act (INA), as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)1; the boundaries of the constitutional protections afforded...

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