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MARCZAK v. GREENE

Nos. 90-1023, 90-1024.

971 F.2d 510 (1992)

Roman MARCZAK and Ryszard Kowalczyk, Petitioners-Appellees, v. Joseph R. GREENE, District Director of U.S. Immigration and Naturalization Service, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

July 23, 1992.

Attorney(s) appearing for the Case

Emily Anne Radford, Atty., Office of Immigration Litigation, Civil Div., Dept. of Justice, Washington, D.C. (Stuart M. Gerson, Asst. Atty. Gen., Civil Div., and Lauri Steven Filppu, Deputy Director, Dept. of Justice, Washington, D.C., James W. Winchester, Asst. U.S. Atty., Denver, Colo., with her on the briefs), for respondent-appellant.

Daniel M. Kowalski of Denver, Colo., for petitioner-appellee Marczak.

Thomas R. Orr of Holland & Hart, Colorado Springs, Colo. (Timothy C. Kingston and Daniel W. Patterson of Holland & Hart, Denver, Colo., with him on the brief), for petitioner-appellee Kowalczyk.

Before SEYMOUR, HOLLOWAY, and ANDERSON, Circuit Judges.

SEYMOUR, Circuit Judge.

Donald H. Russell, District Director of the United States Immigration and Naturalization Service, appeals the district court's order granting Roman Marczak's and Ryszard Kowalczyk's (petitioners) petitions for writ of habeas corpus and ordering that they be paroled pending final disposition of the exclusion proceedings. We reverse.

I.

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