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Judge Bars INS Policy on Gays Entering U.S.

June 29, 1985|Associated Press

SAN JOSE — A federal judge issued a temporary restraining order Friday barring the Immigration and Naturalization Service from detaining self-proclaimed homosexuals seeking to enter the United States.

U.S. District Judge Robert Aguilar ordered the INS to return the visa and passport of Juan Jacobo Hernandez, a self-proclaimed homosexual from Mexico who tried to enter the United States on Wednesday to be grand marshal in the upcoming Lesbian-Gay Freedom Day parade.

Hernandez was detained by the INS and subjected to a medical examination.

"I'm delighted with the decision," said Mary Dunlap, attorney for the Lesbian-Gay Freedom Day Committee. "It's a tremendous victory. But, I wasn't surprised."

Dunlap said the decision will force the INS to reassess its policy of detaining and examining homosexuals who seek to enter the United States.

An Aug. 1 hearing has been scheduled in U.S. District Court where gay leaders say they will seek to permanently stop the INS from enforcing its policy.

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