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HUANTE v. CRAVEN

No. 74-1041.

500 F.2d 1004 (1974)

Ramon Servin HUANTE, Plaintiff-Appellee, v. Walter S. CRAVEN, Warden, California State Prison at Folsom, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 15, 1974.

Attorney(s) appearing for the Case

Charles R. B. Kirk (argued), Deputy Atty. Gen., San Francisco, Cal., for defendant-appellant.

Lee Newfield (argued), San Jose, Cal., for plaintiff-appellee.

Before WRIGHT and CHOY, Circuit Judges, and PALMIERI, District Judge.

OPINION

PER CURIAM:

The question presented by this appeal is simply this: Does the district court have jurisdiction to entertain a petition for habeas corpus when the petitioner had been released on parole in California on condition that he report to the Immigration Service for deportation and had in fact been delivered to federal officials at the time his petition was filed? We hold that it does not and we remand...

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