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VARGAS v. SWAN

No. 87-1769.

854 F.2d 1028 (1988)

Gregorio F. VARGAS, Petitioner-Appellant, v. Ronald B. SWAN, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 12, 1988.

Rehearing Denied November 4, 1988.

Attorney(s) appearing for the Case

Charles G. Curtis, Jr., Foley & Lardner, Madison, Wis., for petitioner-appellant.

Alison R. Drucker, U.S. Dept. of Justice, Office of Immigration Civil Div., Washington, D.C., for respondent-appellee.

Before WOOD, Jr. and KANNE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

Vargas, an alien incarcerated within the Wisconsin state penal system, seeks an expedited determination from the United States Immigration and Naturalization Service of whether he will be excluded from the United States upon his release from state prison. To reach the merits of this issue the district court assumed that Vargas was sufficiently within federal custody to support the court's habeas jurisdiction, and denied...

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