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GUINTO v. ROSENBERG

No. 26004.

446 F.2d 11 (1971)

Eugenio Reyes GUINTO, Petitioner-Appellant, v. George K. ROSENBERG, District Director Immigration and Naturalization Service, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

July 13, 1971.

Attorney(s) appearing for the Case

Arthur D. Cohen (argued), of Kwan, Cohen & Quan, Los Angeles, Cal., for petitioner-appellant.

Dzintra I. Janavs, Asst. U. S. Atty. (argued), Robert L. Meyer, U. S. Atty., Los Angeles, Cal., Steve Suffin, for I.N. S., San Francisco, Cal., for respondent-appellee.

Before DUNIWAY, WRIGHT and KILKENNY, Circuit Judges.

DUNIWAY, Circuit Judge:

This case had its genesis in Guinto v. District Director, I&NS, C.D.Cal., 1969, 303 F.Supp. 1094, where the background facts are fully stated. In that case, Judge Hill, on July 11, 1969, remanded the matter to the Immigration and Naturalization Service for further proceedings. He held that the Attorney General (i. e., the Service) would be expected to determine whether Guinto was a member of...

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