Catholic Social Services, Inc. v. Immigration & Naturalization Service

Opinion by Judge WILLIAM A. FLETCHER; Dissent by Judge KOZINSKI; Dissent by Judge FERNANDEZ; Partial Concurrence and Partial Dissent by Judge GRABER.

WILLIAM A. FLETCHER, Circuit Judge:

Plaintiffs bring a class action challenging the advance parole policy of the Immigration and Naturalization Service (“INS”) as inconsistent with the Immigration Reform and Control Act of 1986 (“IRCA”), and challenging § 377 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”) as inconsistent with the equal protection component of the Due Process Clause of the Fifth Amendment. We…