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Plaintiff-appellant Saboet Azizi ("Mrs. Azizi"), a naturalized citizen of the United States, and her husband, plaintiff-appellant Feim Azizi ("Mr. Azizi"), a citizen of Yugoslavia, appeal from a summary judgment entered in the United States District Court for the District of Connecticut (Nevas, J.) on August 4, 1989 rejecting their constitutional challenges to section 5 of the Immigration Marriage Fraud Amendments of 1986 ("IMFA"), 8 U.S.C. §§ 1154(h), 1255(e) (1988). On appeal, the Azizis maintain that the two-year foreign residency requirement imposed by section 5 on an alien spouse who marries a United States citizen during the pendency of a deportation or exclusion proceeding violates their rights to equal protection and due process. While we are cognizant of the hardships imposed by this legislation upon aliens and their spouses who enter into legitimate marriages during deportation proceedings, we conclude that section 5 is a valid exercise of Congress' plenary power to regulate immigration and naturalization.


908 F.2d 1130 (1990)

Saboet Elmazi AZIZI and Feim Azizi, Plaintiffs-Appellants,


Richard L. THORNBURGH, Attorney General of the United States, Defendant-Appellee.

No. 832, Docket 89-6222. United States Court of Appeals, Second Circuit.

Argued February 21, 1990.

Decided July 5, 1990.

New York Law School location: File #130, Box #124