Jose Miguel Tepos-Perez v. Immigration and Naturalization Service, (Two Cases)

449 F.2d 1290 Jose Miguel TEPOS-PEREZ et al., Plaintiffs-Appellees, v. IMMIGRATION AND NATURALIZATION SERVICE, Appellant (two cases). Nos. 26547, 26548. United States Court of Appeals, Ninth Circuit. Oct. 7, 1971. 1 James R. Dooley, Asst. U. S. Atty., (argued), Robert L. Meyer, U. S. Atty., Frederick M. Brosio, Jr., Chief, Civil Div., Los Angeles, Cal., for appellant. 2 John F. Sheffield (argued), Norman B. Silver, Los Angeles, Cal., for the plaintiffs-appellees. 3 Before CHAMBERS and ELY, Circuit Judges, and BATTIN, * District Judge. 4 On this appeal from the granting of a temporary injunction, it appears from colloquy of counsel that there have been changes of circumstances which might or might not be material to the continuance of the temporary injunction. 5 We find this problem with the temporary injunction: It has sort of an open end which puts the duration of the order, for practical purposes, out of the court's control. 6 The case is remanded to the district court to consider any intervening events. If it believes that there should still be a temporary injunction, the old one should be vacated and a new one entered. If such course is followed, a new appeal, of course, could…