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CASTRO-NUNO v. IMMIGRATION & NATURALIZATION SERVICE

No. 77-1260.

577 F.2d 577 (1978)

Fermin CASTRO-NUNO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

June 26, 1978.

Attorney(s) appearing for the Case

Gary H. Manulkin, Los Angeles, Cal., for petitioner.

Carolyn Reynolds, Asst. U. S. Atty., Los Angeles, Cal., for respondent.

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

CHOY, Circuit Judge:

Appellant is Fermin Castro-Nuno, a citizen of Mexico, alleged to have illegally entered the United States. He contests an order of the Immigration and Naturalization Service (INS) that he voluntarily depart from the United States or be deported. This Court has jurisdiction under 8 U.S.C. § 1105a(a), allowing for appeals from final decrees of the INS. We reverse.

FACTS

Castro-Nuno was employed as a gardener on the Van de...

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