Xiao v. Barr

979 F.2d 151 Wang Zong XIAO, Plaintiff-Appellee, v. William P. BARR, in his capacity as Attorney General of the United States; William T. McGivern, Jr., in his capacity as United States Attorney for the Northern District of California; Reginald L. Boyd, in his capacity as United States Marshal for the Northern District of California; D. Eugene McNary, in his capacity as Commissioner of the Immigration and Naturalization Service; and David Ilchert, in his capacity as District Director of the Immigration and Naturalization Service, Defendants-Appellants. (Two Cases) Nos. 92-15389, 92-16272. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 5, 1992. Decided Oct. 30, 1992. Steven R. Valentine, Deputy Asst. Atty. Gen., Lauri Steven Filppu, Mark C. Walters, Alexander H. Shapiro, Civil Div., U.S. Dept. of Justice, Washington, D.C., for defendants-appellants. Cedric C. Chao and Annette P. Carnegie, Morrison & Foerster, San Francisco, Cal., for plaintiff-appellee. Appeal from the United States District Court for the Northern District of California. Before POOLE, FERNANDEZ, and T.G. NELSON, Circuit Judges. POOLE, Circuit Judge: I. 1 Pursuant to 8 U.S.C. §…