Legal Assistance for Vietnamese Asylum Seekers, Thua Van Le, Em Van Vo, Thu Hoa Thi Dang, Truc Hoa Thi Vo v. Department of State, Bureau of Consular Affairs, Secretary of State, et al.

Legal Assistance for Vietnamese Asylum Seekers; Thua Van Le;
Em Van Vo; Thu Hoa Thi Dang; Truc Hoa Thi Vo, Appellants, v.
Department of State, Bureau of Consular Affairs; Warren
Christopher, Secretary of State, et al.
March 6, 1994, Filed

Prior History:



BEFORE: Edwards, Ginsburg, and Sentelle * Circuit Judges * Judge Sentelle would dismiss the appeal because in his view this court does not have jurisdiction over the denial of a temporary restraining order. See Office of Personnel Management v. American Federal of Government Employees, AFL-CIO, 473 U.S. 1301, 1305 (Burger, Circuit Justice 1985).

Opinion By:



ORDER Upon consideration of the motion for expedited consideration, the emergency motion for relief pending appeal, the response thereto, and the reply, it is ORDERED that the request for preliminary injunctive relief be granted. The appellees are hereby enjoined to take all necessary and proper action to ensure that appellants are not repatriated until the district court proceedings have been completed. Appellants have asserted violations of statutory rights conferred by 22 C.F.R. § 42.61(a) ("Under ordinary circumstances an alien seeking an immigration visa shall have the case processed in the consular district in which the alien resides."); the Immigration and Nationality Act, 8 U.S.C. § 1152 ("No person shall . . . be discriminated against in the issuance of an immigration visa because of the person's race, sex, nationality, place of birth, or place of residence."); and the Administrative Procedures Act, 5 U.S.C. § 553 (rulemaking requires notice and comment). They further claim that forced repatriation will irreparably harm their efforts to emigrate. On balance the equities favor the granting of injunctive relief. See Cuomo v. U.S. Nuclear Regulatory Comm'n, 772 F.2d 972 (D.C. Cir. 1985) (per curiam). It is FURTHER ORDERED that this case be remanded to the district court for further proceedings. The injunction shall remain in place pending completion of the district court proceedings. The Clerk is directed to issue forthwith to the district court a certified copy of this order in lieu of formal mandate. Per Curiam FOR THE COURT

Filed: 6 March, 1994

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