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LOPEZ v. HENLEY

No. 04-50728.

416 F.3d 455 (2005)

Jose Francisco LOPEZ, Petitioner-Appellant, v. Troy HENLEY, District Director, Bureau of Immigration and Customs Enforcement, Michael Garcia, Assistant Secretary, Bureau of Immigration and Customs Enforcement, Michael Chertoff, Secretary, Department of Homeland Security, Alberto R. Gonzales, U.S. Attorney General, Rudy Franco, Warden, Reeves County Detention Center, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

July 12, 2005.

Attorney(s) appearing for the Case

Yvette Marie Mastin (argued), Houston, TX, for Lopez.

Barry Joseph Pettinato (argued), Dept. of Homeland Sec., David V. Bernal, OIL, U.S. Dept. of Justice, Washington, DC, for Respondents-Appellees.

Before KING, Chief Judge, DAVIS, Circuit Judge, and FITZWATER, District Judge.

W. EUGENE DAVIS, Circuit Judge:

This case presents the issue of whether a legal resident alien, who is a veteran of active service in the Vietnam War, is exempt from the requirement of demonstrating "good moral character" in order to be naturalized. Because we find the Immigration and Naturalization Act (INA) ambiguous on this issue and find reasonable the Immigration and Naturalization Service's (INS'1...

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