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BALOGUN v. I.N.S.

No. 93-4885 Summary Calendar.

9 F.3d 347 (1993)

Olugbenga BALOGUN, Petitioner-Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE, John B.Z. Caplinger, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

December 2, 1993.

Attorney(s) appearing for the Case

Christopher A. Aberle (court-appointed counsel), Metairie, LA, for petitioner-appellant.

Josette L. Cassiere, Asst. U.S. Atty., Shreveport, LA, William Flanagan, U.S. Atty., and Carl E. Perry, Asst. U.S. Atty., Lafayette, LA, for respondents-appellees.

Before GARWOOD, SMITH and DeMOSS, Circuit Judges.

GARWOOD, Circuit Judge:

Petitioner-appellant Olugbenga Balogun (petitioner) appeals the district court's dismissal of his application for writ of habeas corpus. We hold that the district court erred in entering judgment without giving petitioner notice or the opportunity to respond to the allegations set forth by respondents-appellees Immigration and Naturalization Service and John B.Z. Caplinger (respondents). Accordingly, we reverse and remand the case to the district...

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