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VAN STADEN v. ST. MARTIN

No. 10-30882.

664 F.3d 56 (2011)

Esthee VAN STADEN, Plaintiff-Appellant, v. Eugene ST. MARTIN, Medical Doctor in His Official Capacity as Chairman of the Louisiana State Board of Practical Nurse Examiners, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 1, 2011.

Attorney(s) appearing for the Case

Louis Roy Koerner, Jr. (argued), Koerner Law Firm, New Orleans, LA, for Plaintiff-Appellant.

Francis Brian Mulhall (argued), Mulhall Law Firm, Metairie, LA, for Defendant-Appellee.

Before SMITH, BARKSDALE and BENAVIDES, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

The Louisiana State Board of Practical Nurse Examiners (the "Board") denied a license to Esthee Van Staden solely on account of her immigration status; she is an alien who has applied for permanent residence. She sued the Board, claiming its status requirement violates the Constitution. The district court granted the Board summary judgment on all grounds. Because applicants for permanent resident status do not constitute a suspect class...

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