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CALERO v. I.N.S.

No. 91 Civ. 2844 (RPP).

770 F.Supp. 197 (1991)

Rene Wilfred Molina CALERO, Plaintiff, v. IMMIGRATION AND NATURALIZATION SERVICE, William S. Slattery, in his official capacity as District Director of Immigration and Naturalization Service, Richard Thornburgh, in his capacity as Attorney General of the U.S., and Immigration and Naturalization Service, an agency of the Department of Justice, Defendants.

United States District Court, S.D. New York.

August 8, 1991.

Attorney(s) appearing for the Case

Bruno Joseph Bembi, Hempstead, N.Y., Neil H. Afran, Huntington, N.Y., for plaintiff.

Otto G. Obermaier, U.S. Atty., S.D.N.Y., New York City by James A. O'Brien, III, Timothy MacFall, for defendants.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

In this action, plaintiff, a 15-year-old illegal alien, seeks appointment of a guardian ad litem to represent him in deportation proceedings. The government moves pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the action for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted. For the reasons set forth below...

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