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HAMES-HERRERA v. ROSENBERG

No. 71-2749.

463 F.2d 451 (1972)

Enrique HAMES-HERRERA, Plaintiff-Appellant, v. George K. ROSENBERG, District Director, Immigration and Naturalization Service, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

July 3, 1972.

Attorney(s) appearing for the Case

Richard T. Griffin (argued), of Griffin, Griffin & Jackson, Pasadena, Cal., for plaintiff-appellant.

Carolyn Reynolds, Asst. U. S. Atty. (argued), Frederick M. Brosio, Jr., Asst. U. S. Atty., William D. Keller, U. S. Atty., Los Angeles, Cal., George K. Rosenberg, District Director, I&NS, Los Angeles, Cal., Stephen Suffin, I&NS, San Francisco, Cal., Joseph Surreck, I&NS, San Pedro, Cal., Will Wilson, Asst. Atty. Gen., Washington, D. C., for defendant-appellee.

Before KOELSCH, CARTER and WRIGHT, Circuit Judges.

JAMES M. CARTER, Circuit Judge.

This is an appeal from a judgment of the district court refusing to set aside an order of the District Director denying a stay of deportation pursuant to 8 C.F.R. § 243.4 and denying an application for a similar stay, made to the district court. The central question is whether appellant is protected from deportation under § 241(f) of the Immigration and Nationality Act, 8 U.S.C. § 1251(f). We affirm.

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