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AVILA v. I.N.S.

No. 82-4005.

731 F.2d 616 (1984)

Jesse J. AVILA, Guardian ad Litem of Daniel Cardona, et al., Plaintiffs/Appellants, v. IMMIGRATION AND NATURALIZATION SERVICE, et al., Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted February 28, 1984.

Decided April 19, 1984.

Attorney(s) appearing for the Case

Scott W. Williams, Fresno, Cal., for plaintiffs/appellants.

Mio D. Quatraro, Asst. U.S. Atty., Fresno, Cal., for defendants/appellees.

Before MERRILL and FERGUSON, Circuit Judges, and GRANT, District Judge.

FERGUSON, Circuit Judge:

FACTS

In September 1977, Daniel Cardona, a 23-year-old American citizen who is mentally impaired, was stopped by local police in Clovis, California, jailed, turned over to the Immigration and Naturalization Service as a suspected illegal alien and deported to Mexico. Daniel told the authorities that he was an American citizen but was not allowed to call his family. His father, Jesus, searched for him until December, when Daniel was...

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