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PLASENCIA v. SURECK

No. 78-2641.

637 F.2d 1286 (1980)

Maria Antonieta PLASENCIA, Petitioner-Appellee, v. Joseph SURECK, District Director of the Immigration and Naturalization Service, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 7, 1980.

Attorney(s) appearing for the Case

Denis W. Campbell, Los Angeles, Cal., for respondent-appellant.

C. William Kircher, Jr., Asst. U. S. Atty., Los Angeles, Cal., for petitioner-appellee.

Before WALLACE and SCHROEDER, Circuit Judges and CORDOVA, District Judge.

SCHROEDER, Circuit Judge:

In this appeal we must decide whether the Immigration & Naturalization Service (INS) may determine, at the border, in summary exclusion proceedings, whether a lawfully admitted permanent resident alien may return to the United States after a brief visit abroad. The district court held that the INS could proceed against such an alien only in deportation proceedings. We agree and affirm.

Appellant, Maria Plasencia, is a citizen...

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