Opinion · Court of Appeals for the Fifth Circuit

Marie Pierre v. United States

Marie Pierre v. United States, 570 F.2d 95 (5th Cir. 1978)

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1978-03-24
Topic
general

How later courts describe this case

  • remanding to district court for consideration of mootness question

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Cited by
1 opinion
PIERRE v. UNITED STATES,570 F.2d 95(5th Cir. 1978)
MARIE PIERRE ET AL., PETITIONERS-APPELLANTS, v. UNITED STATES OF AMERICA,
RESPONDENT-APPELLEE.
No. 75-3975.
United States Court of Appeals, Fifth Circuit.
March 24, 1978.
Neal R. Sonnett, Miami, Fla., Eric M. Lieberman, Michael Krinsky, Dorian Bowman, Ira Gollobin, New York City, for Nat'l. Emergency Civil Liberties Union.

Robert W. Rust, U.S. Atty., Miami, Fla., Rex L. Young, James P. Morris, Attys., Gov. Reg. Sec., Philip Wilens, Acting Chief, Criminal Div., Dept. of Justice, Washington, D.C., for United States.
Appeal from the United States District Court for the Southern District of Florida, William O. Mehrtens, Judge.
Before AINSWORTH and CLARK, Circuit Judges, and HUGHES,fn*District Judge.
PER CURIAM:
[1] On November 28, 1977, the Supreme Court of the United States granted petition for a writ of certiorari in this matter and on consideration thereof ordered that the judgmentPage 96of this Court be vacated and that the cause be remanded to this Court "to consider the question of mootness."See___ U.S. ___,98 S.Ct. 498,54 L.Ed.2d 447(1977). Thereafter, we directed the parties to file briefs in connection with the question of mootness. The briefs have now been received and the parties, both appellants and appellee, state that the issues are not moot because the Immigration and Naturalization Service has not yet promulgated its new regulations and it will be some time before the amended regulations will be published.

[2] We believe, therefore, that the matter can best be dealt with in the district court where consideration of the mootness issue may be appropriately resolved.

[3] Accordingly, the judgment of the district court is vacated and the cause is remanded for consideration in light of the Supreme Court's order.

[4] VACATED AND REMANDED.Page 511
  1. Senior District Judge for the Northern District of Texas, sitting by designation. ↩