Newman

*329 ORDER ***

A review of the record, the pending motions, and the briefs submitted in these cross-appeals discloses that the questions raised by the government’s appeal are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857 (9th Cir.1982) (per curiam) (standard for summary affirmance). Accordingly, we deny the government’s motion to remand and summarily affirm the portion of the district court’s judgment appealed in No. 99-56544, such that all actually frontdesked class members are entitled to have adjudicated by the Immigration and Naturalization Service their applications for relief under the Immigration Reform and Control Act of 1986.

Plaintiffs’ motion to remand in No. 99-56950 is granted, and the portion of the judgment dismissing claims of constructively front-desked aliens is vacated. The remand is without limitation with respect to adjudicating the claims of these plaintiffs, but the district court shall proceed to define this portion of the class consistently with Catholic Social Services, Inc. v. INS, 232 F.3d 1139 , 1146 (9th Cir.2000) (en banc), and in light of the repeal of section 377 of the Illegal Immigration Reform…