United States Fifth Circuit

The Due Process clause of the Fifth Amendment does not require that Congress provide a rational basis for nationality-sensitive admission criteria for aliens because the power to expel or exclude aliens is a fundamental sovereign attribute largely immune from judicial control.

Appellate Information

• Decided 02/08/2001
• Published 02/08/2001

Judges

• GARWOOD, Circuit Judge:, Before GARWOOD, HIGGINBOTHAM and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Elizabeth M. Mendoza Macias, Houston, TX, for Petitioner.


• For Appellees:
  
• Christine Bither, Mark C. Walters, U.S. Dept. of Justice, Office of Immigration Litigation, Janet Reno, Office of U.S. Atty. Gen., Civ. Div., App. Staff, Robert L. Bombaugh, Director, Office of Immigration Litigation, Washington, DC, Lynne Underdown, INS, Dist. Directors Office, Attn: Joe A. Aguilar, New Orleans, LA, Richard Cravener, Dist. Director, Immigration & Naturaliztion, Houston, TX, for Respondent.