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BARRERA-ECHAVARRIA v. RISON

No. 93-56682.

44 F.3d 1441 (1995)

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

United States Court of Appeals, Ninth Circuit.

Decided January 12, 1995.

Attorney(s) appearing for the Case

Emily A. Radford and Lauri Steven Filppu, U.S. Dept. of Justice, Washington, DC, for respondent-appellant.

Mark D. Kemple and Karen N. Fredericksen, 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 Education Fund.

Paul Hoffman (and 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 (and 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, National Ass'n of Criminal Defense Lawyers, and California Attorneys for Criminal Justice.

Before WALLACE, Chief Circuit Judge, HUG, PREGERSON, HALL, WIGGINS, BRUNETTI, THOMPSON, LEAVY, FERNANDEZ, RYMER, and KLEINFELD, Circuit Judges.

Opinion by Judge HALL, Dissent by Judge PREGERSON.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Alexis Barrera-Echavarria is an alien who arrived in the United States in 1980 and was ordered excluded and deported in 1985. His deportation has not been possible, however, because neither his country of origin, Cuba, nor any third country, will accept him. With the exception of one brief period in 1992 when Barrera was released on immigration

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