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MASSIEU v. RENO

Civil Action No. 96-104 (MTB).

915 F.Supp. 681 (1996)

Mario Ruiz MASSIEU, Plaintiff, v. Janet RENO, In Her Capacity as the Attorney General of the United States; Warren Christopher, In His Official Capacity as Secretary of State of the United States; United States Department of Justice Immigration and Naturalization Service; Warren A. Lewis, In His Capacity as District Director of the Immigration and Naturalization Service; and Demetrius Georgakopoulos, In His Capacity as Assistant District Director, Investigations, Defendants.

United States District Court, D. New Jersey.

February 28, 1996.

Attorney(s) appearing for the Case

Fleming, Roth & Fettweis by Cathy A. Fleming, Newark, New Jersey, J.A. Canales, Canales & Simonson, Corpus Christi, TX, for Plaintiff.

Gary G. Grindler, Deputy Assistant Attorney General, David J. Kline, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Defendants.

OPINION

BARRY, District Judge.

Plaintiff, Mario Ruiz Massieu, seeks a permanent injunction enjoining the deportation proceeding instituted against him pursuant to 8 U.S.C. § 1251(a)(4)(C)(i) and a declaration that the statute, which has not previously been construed in any reported judicial opinion, is unconstitutional. That statute, by its express terms, confers upon a single individual, the Secretary of State, the unfettered and unreviewable...

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