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DANH v. DEMORE

No. C99-1531FMS.

59 F.Supp.2d 994 (1999)

Nhoc DANH and Uong Ly, Petitioners, v. Charles DEMORE, Acting District Director, San Francisco District Office, U.S. Immigration & Naturalization Service, Respondent.

United States District Court, N.D. California.

May 28, 1999.

Attorney(s) appearing for the Case

Frank M. Tse, Asian Law Caucus Inc, San Francisco, CA, for Nhoc Danh, Uong Ly.

Robert Yeargin, U.S. Attorney's Office, San Francisco, CA, for Charles Demore.

Kathryn Palamountain, ACLU Foundation of Northern California, San Francisco, CA, Judy Rabinovitz, ACLU Foundation Immigrants', New York City, for American Civil Liberties Union Foundation Immigrants' Rights Project.

ORDER GRANTING APPLICATION FOR WRIT OF HABEAS CORPUS; GRANTING MOTION TO VACATE APRIL 9, 1999 ORDER; VACATING JUDGMENT

FERN M. SMITH, District Judge.

INTRODUCTION

Pending before the Court is petitioners' Application for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (the "Application"). By this Application, petitioners mount an "as applied" challenge to the constitutionality of Immigration and Nationality Act ("INA") § 236(c) (codified...

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