Marie Pierre v. United States

Fifth Circuit

Marie Pierre v. United States

570 F.2d 95, 1978 U.S. App. LEXIS 12018

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 24, 1978

Docket75-3975

StatusPublished

Cited by1 cases

This text of 570 F.2d 95 (Marie Pierre v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Marie Pierre v. United States, 570 F.2d 95, 1978 U.S. App. LEXIS 12018 (5th Cir. 1978).

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Opinion

PER CURIAM:

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 judg- *96 merit of 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.

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.

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

VACATED AND REMANDED.

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PER CURIAM:

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 judg- *96 merit of 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.

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.

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

VACATED AND REMANDED.

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570 F.2d 95, 1978 U.S. App. LEXIS 12018, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marie-pierre-v-united-states-ca5-1978.

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