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GONZALEZ EX REL. GONZALEZ v. RENO

No. 00-11424.

215 F.3d 1243 (2000)

Elian GONZALEZ, a Minor, By and Through Lazaro GONZALEZ, as next friend, or, alternatively, as temporary legal custodian, Plaintiff-Appellant, v. Janet RENO, Attorney General of the United States; Doris Meissner, Commissioner, United States Immigration and Naturalization Service, Robert Wallis, District Director, United States Immigration and Naturalization Service;, United States Immigration and Naturalization Service, and United States Department of Justice, Defendants-Appellees, Juan Miguel Gonzalez, Intervenor.

United States Court of Appeals, Eleventh Circuit.

June 23, 2000.

Attorney(s) appearing for the Case

Kendall B. Coffey, Miami, FL, Barbara Lagoa, Judd J. Goldberg, Greenberg, Traurig, PA, for Plaintiff-Appellant.

David J. Kline, Office of Immig. Litigation, Civil Div., William J. Howard, Dept. of Justice/OIL, Russell J.E. Verby, Dept. of Immigration Litigation, Edwin S. Kneedler, Washington, DC, Anne R. Schultz, Miami, FL, for Defendants-Appellees.

Mark D. Beckett, Martin N. Flics, Jeffrey Alan Tochner, Latham & Watkins, New York City, Amicus Curiae for Lawyers Committee for Human Rights, Women's Com'n for Refugee Women and Children, Florida Immigrant Advocacy Ctr., U.S. Representative from the 18th, Children & Family Justice Center.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

(Opinion June 1, 2000, 11th Cir., 2000, 212 F.3d 1338).

Before EDMONDSON, DUBINA and WILSON, Circuit Judges.

PER CURIAM:

Our decision of 1 June hung largely on two ideas: (1) that the policy adopted by the INS in this case—a policy developed in what we called "informal adjudication"—was due "some deference" because 8 U.S.C. 1158(a) was...

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