ANTHONY T. LEE, ET AL., PLAINTIFFS-APPELLEES, UNITED STATES OF AMERICA, PLAINTIFF-INTERVENOR AND AMICUS CURIAE-APPELLEE, NATIONAL EDUCATION ASSOCIATION, INC., PLAINTIFF-INTERVENOR-APPELLEE, BRANDIE MCKEE, A MINOR, BY THOMAS MCKEE, HER FATHER AND NEXT FRIEND; ISHBAH COX, ET AL., PLAINTIFFS-INTERVENORS-APPELLEES,
v.
MACON COUNTY BOARD OF EDUCATION, ET AL., DEFENDANTS-APPELLANTS

11th Cir. | 1993-03-05
No. 91-7640
Before TJOFLAT, Chief Judge, FAY, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK and CARNES, Circuit Judges.
987 F.2d 1521 Court of Appeals for the Eleventh Circuit (1993) Positive Treatment
Cited by 5 cases

Opinion of the Court
BY THE COURT:

On Appeal from the United States District Court for the Middle District of Alabama; Robert E. Varner, Judge. Before TJOFLAT, Chief Judge, FAY, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK and CARNES, Circuit Judges. BY THE COURT: A member of this court in active service having requested a poll on whether this case should be reheard by the Court sitting en banc, and a majority of the judges of this court in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel’s opinion is hereby VACATED.


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  • …l unrelinquished domicile of seven consecutive years, may be admitted in the discretion of the Attorney General .... 8 U.S.C. § 1182(c). Under case law, discretionary relief under § 212(c) has been extended to resident aliens. E.g., Melian v. INS, 987 F. 2d 1521, 1523 (11th Cir.1993); Francis v. INS, 532 F. 2d 268, 272-73 (2d Cir.1976). The INS does not question that extension in this case. The Attorney General is responsible for the administration of laws concerning immigration and naturalization, includ…
  • …he Act, 8 U.S.C. § 1105a(c), a court lacks jurisdiction to consider a claim which has not first been presented to the Board, as an alien must exhaust the administrative remedies available to him prior to obtaining judicial review. Melian v. I.N.S., 987 F. 2d 1521, 1526 (11th Cir.1993); Perlera-Escobar v. Executive Office for Immigration, 894 F. 2d 1292, 1296 (11th Cir.1990). Thus, because Asencio failed to challenge the IJ’s finding that he is deportable or argue that he is eligible for a waiver of inadmiss…
  • LEE v. MacOn Cnty. Bd. OF Educ., 995 F.2d 184 (11th Cir. 1993)
    …PER CURIAM: The facts and procedural history of this case are set out in the panel decision at Lee v. Macon County Board of Education, 970 F. 2d 767 (1992), reh’g granted, 987 F. 2d 1521 (11th Cir.1993). This court, sitting en banc, affirms the judgment of the district court by an equally divided vote. IT IS SO ORDERED.…

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