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BLANCADA v. TURNAGE

No. 88-6561.

891 F.2d 688 (1989)

Victorino Villamarin BLANCADA, Plaintiff-Appellant, v. James B. TURNAGE, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 30, 1989.

As Amended on Denial of Rehearing December 11, 1989.

Attorney(s) appearing for the Case

Steven D. Karp, Law Offices of Karp & Adler, Beverly Hills, Cal., for plaintiff-appellant.

Samuel W. Bettwy, Sp. Asst. U.S. Atty., I.N.S., San Diego, Cal., for defendants-appellees.

Before FLETCHER, NELSON and KOZINSKI, Circuit Judges.

FLETCHER, Circuit Judge:

Petitioner Blancada argues that the district court erred in denying his habeas petition based on the conclusion that the district director of the Immigration and Naturalization Service (INS) acted within his discretion in denying Blancada's request for a stay of deportation pending the Board of Immigration Appeals' (BIA's) determination of his motion to reopen deportation proceedings. We reverse.

I

Blancada, a native of the...

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