Mohamed RAJAH, Said Najih, Saade Benjelloun, Samer Emile El Zahr, Petitioners,
v.
Michael B. MUKASEY, Attorney General of the United States, Michael Chertoff, Secretary of the Department of Homeland Security, Peter Smith, Special Agent in Charge of the New York District of U.S. Immigration and Customs Enforcement, Respondents.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued in Tandem: November 21, 2007.
Decided: September 24, 2008.
Attorney(s) appearing for the Case
Ana C. Pottratz and Wnyong Austin, Lutheran Social Services of New York, New York, NY, for Petitioners.
Tom Dupree, Deputy Assistant Attorney General for Peter D. Keisler, Assistant Attorney General, Civil Division, U.S. Department of Justice, Washington, D.C. (Song E. Park on the brief for Mr. Rajah, James A. Hunolt on the brief for Mr. Najih, Leslie McKay on the brief for Mr. El Zahr, Jesse M. Bless on the brief for Mr. Benjelloun; M. Jocelyn Lopez Wright of counsel for Mr. Rajah and Mr. Najih, Linda S. Wernery of counsel for Mr. El Zahr, David V. Bernal of counsel for Mr. Benjelloun) for Respondents.
Lynn M. Kelly, Executive Director, Justice Center, New York City Bar Association, New York, N.Y. (Linda Marie Kenepaske, Alice Morey, and Myriam Jaidi on the brief) for Amicus Curiae New York City Bar Association.
Before: WINTER, WALKER, and CALABRESI, Circuit Judges.
United States Court of Appeals, Second Circuit.
WINTER, Circuit Judge:
Mohamed Rajah, Said Najih, Saade Benjelloun, and Samer Emile El Zahr petition for review of deportation orders issued by the Board of Immigration Appeals ("BIA").1 Each petitioner responded to a Special Call-In Registration Program ("Program"), after the terrorist attacks of September 11, 2001. The Program required non-immigrant alien males over the age of 16 from designated countries to appear for registration and...
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