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SILVA-PALACIOS v. ATTORNEY GENERAL

No. 28429.

423 F.2d 725 (1970)

Virginia SILVA-PALACIOS by her next friend, Elvira Palacios De Silva, Plaintiff-Appellant, v. ATTORNEY GENERAL of the United States, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 13, 1970.

Attorney(s) appearing for the Case

Richard T. Marshall, El Paso, Tex., Jack Wasserman, Washington, D. C., for plaintiff-appellant.

Seagal V. Wheatley, U. S. Atty., El Paso, Tex., Romualdo Cesar Caballero, Atty., U. S. Dept. of Justice, Washington, D. C., for defendant-appellee; William E. Weinert, Atty., Immigration & Naturalization Service, El Paso, Tex., of counsel.

Before WISDOM, GOLDBERG, and INGRAHAM, Circuit Judges.

PER CURIAM.

Virginia Silva-Palacious applied for admission to the United States claiming she was born in Texas. After a hearing, a Special Inquiry Officer of the Immigration Service denied the application and ordered her excluded. The Board of Immigration Appeals affirmed. Miss Silva-Palacios then asked the district court for a declaratory judgment that she was a citizen and requested a writ of habeas corpus against the exclusion order. After hearing new evidence...

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