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TOMA v. TURNAGE

No. 86-6151.

825 F.2d 1400 (1987)

Sabah Yohanna TOMA, Petitioner-Appellee, v. James B. TURNAGE, Jr., District Director of the San Diego Division of the Immigration and Naturalization Service; Immigration & Naturalization Service, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 25, 1987.

Attorney(s) appearing for the Case

Lyn I. Goldberg, San Diego, Cal., for petitioner-appellee.

Charles E. Hamilton, III, San Diego, Cal., for respondents-appellants.

Before WALLACE, TANG and ALARCON, Circuit Judges.

WALLACE, Circuit Judge:

The Immigration & Naturalization Service (INS) appeals the district court's order granting Toma's petition for a writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. § 2253. Because the district court did not have jurisdiction to entertain Toma's petition, we remand to the district court to vacate the order granting the writ and to dismiss the petition.

I

Toma is a native and citizen of Iraq. He entered...

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