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CLARK v. SMITH

No. 91-35576.

967 F.2d 1329 (1992)

Benjamin CLARK, Petitioner-Appellant, v. Richard C. SMITH, District Director of the Immigration and Naturalization Service, U.S. Immigration and Naturalization Service, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 22, 1992.

Attorney(s) appearing for the Case

William A. Kinsel, Perkins Coie, Seattle, Wash., for petitioner-appellant.

Peter O. Mueller, Asst. U.S. Atty., Seattle, Wash., for respondents-appellees.

Before HUG, NOONAN, and THOMPSON, Circuit Judges.

NOONAN, Circuit Judge:

Benjamin Clark appeals the denial of the district court's denial of his petition for habeas corpus to release him from detention by Richard Smith, Director of the Immigration and Naturalization Service (INS). Clark advances the novel claim that the INS has no authority to detain him during the course of an appeal by the INS from a decision of an immigration judge. Clark's claim evokes sympathy but in the end is not persuasive. We affirm the...

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