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Fang v. ICE
"The only consideration that could arguably give us pause is the Government’s shifting position on whether the students are the victims of fraud or themselves participants in the fraud for having come here to attend the nonexistent UNNJ. However, it would be a cruel irony indeed if we were to allow the Government’s own flip-flop on that characterization to deprive us of the ability to review the disputed governmental action, an action which, as we have explained, will almost certainly escape review absent an exercise of Article III jurisdiction. ... the order dismissing this case is reversed and the case is remanded to the District Court for proceedings consistent with this opinion."