Yan Wo Cheng v. Rinaldi

OPINION

LACEY, District Judge:

Plaintiffs, claiming to be citizens of the Peoples Republic of China, sue to enjoin their deportation and for asylum in the United States. A temporary restraining order issued upon commencement of suit and, by consent, is still effective. Plaintiffs now move for a pre liminary injunction and defendant cross-moves for. dismissal of the complaint and, in the alternative, for summary judgment.

At the outset, I shall address defendant’s claim that judicial review of the challenged agency determination cannot be had in this court because plaintiffs seek review of…