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ALVAREZ v. DISTRICT DIRECTOR OF U. S. I. & N. SERV.

No. 75-3076.

539 F.2d 1220 (1976)

Lolita I. ALVAREZ, Petitioner-Appellee, v. DISTRICT DIRECTOR OF the U. S. IMMIGRATION AND NATURALIZATION SERVICE, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 8, 1976.

Attorney(s) appearing for the Case

Harold J. Hughes, Asst. U. S. Atty. (argued), Los Angeles, Cal., for respondent-appellant.

William Lew Tan (argued), Los Angeles, Cal., for petitioner-appellee.

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

OPINION

ORRICK, District Judge:

This appeal by the United States Immigration and Naturalization Service (INS) from a decision of the United States District Court for the Central District of California granting a writ of habeas corpus and allowing appellee, Lolita Alvarez, to remain in this country calls into question a forty-nine-year practice recently approved by the United States Supreme Court in Saxbe v. Bustos, 419 U.S. 65...

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