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Published online by Cambridge University Press: 27 February 2017
1 Meanwhile, in Pierre v. United States (547 F.2d 1281 (5th Cir. 1977), vacated and remanded, 434 U.S. 962 (1977); 71 AJIL 534 (1977)) the same question had been presented. The Court of Appeals for the Fifth Circuit, denying petitioner's application for habeas corpus, held that U.S. accession to the Protocol had not been intended to change the immigration laws concerning refugees and that any determination by the INS regarding a request for political asylum could only be reviewed on the grounds of abuse of discretion. Petitioner filed a petition for a writ of certiorari in the Supreme Court, which it granted, vacating the judgment of the Fifth Circuit and remanding the case for reconsideration in light of the new INS procedures.
2 460 F.Supp. 458, 462.