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BARRERA-ECHAVARRIA v. RISON

No. 93-56682.

21 F.3d 314 (1994)

Alexis BARRERA-ECHAVARRIA, Petitioner-Appellee, v. Richard H. RISON, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 31, 1994.

Attorney(s) appearing for the Case

Emily Anne Radford, U.S. Dept. of Justice, Washington, DC, for respondent-appellant.

Karen N. Fredriksen, and Mark D. Kemple, Gibson, Dunn & Crutcher, Los Angeles, CA, for petitioner-appellee.

Lucas Guttentag, Ann Parrent, New York City, for amici curiae, American Civil Liberties Union, American Immigration Law Foundation/Legal Action Center, Mexican American Legal Defense and Educ. Fund, and Asian American Legal Defense and Educ. Fund.

Paul Hoffman (Bruce Hall and Cassondra Williams, Law Students), Los Angeles, CA, for amicus curiae, ACLU of Southern California.

Charles D. Weisselberg, Michael J. Brennan, Dennis E. Curtis, Carrie L. Hempel (Guy C. Galambos, Seth M.M. Stodder and Lesley D. Young, Law Students), Los Angeles, CA, for amici curiae, Nat. Legal Aid and Defender Ass'n, Nat. Ass'n of Criminal Defense Lawyers, and California Attys., for Criminal Justice.

Before: BROWNING, SNEED and NOONAN, Circuit Judges.

NOONAN, Circuit Judge:

The United States appeals from the order of the district court granting a writ of habeas corpus to Alexis Barrera-Echavarria, one of the large group of so-called Mariel Cubans who came to these shores in May 1980. He has been found to be an excluded alien, and his return to Cuba has been ordered. Cuba has refused to take him back, and no other country has been identified as willing to accept him. The Immigration and Naturalization Service (INS...

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