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BACA-PRIETO v. GUIGNI

No. 94-2256.

95 F.3d 1006 (1996)

Ramon BACA-PRIETO, Petitioner-Appellee, v. Al GUIGNI, District Director (El Paso District), Immigration and Naturalization Service, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

September 11, 1996.

Attorney(s) appearing for the Case

Melvyn D. Baron of Melvyn D. Baron & Associates, P.C., Albuquerque, NM, for Petitioner-Appellee.

David J. Kline, Assistant Director, Nelda C. Reyna, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, for Respondent-Appellant.

Before TACHA, ALDISERT, and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

Petitioner commenced this hybrid action for habeas, declaratory, and injunctive relief to challenge an order of deportation issued by the Immigration and Naturalization Service (INS) in exclusion proceedings. The thrust of petitioner's complaint is that the INS erred in deeming his return to the United States from Mexico in February 1988 an "entry" within the compass of 8 U.S.C § 1101(a)(13),1 and, as a result...

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