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ESPINOZA-GUTIERREZ v. SMITH

No. 95-35409.

94 F.3d 1270 (1996)

Gabriel ESPINOZA-GUTIERREZ, Petitioner-Appellant, v. Richard C. SMITH, District Director, Immigration and Naturalization Service, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 3, 1996.

Attorney(s) appearing for the Case

Eric Bakken, Dan P. Danilov, and Mark B. Nerheim, on the brief, Seattle, Washington, for petitioner-appellant.

Donald E. Keener, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for respondent-appellee.

Before: WRIGHT, PREGERSON and TASHIMA, Circuit Judges.

TASHIMA, Circuit Judge:

Petitioner Gabriel Espinoza-Gutierrez ("Espinoza"), an applicant for legalization under 8 U.S.C. § 1255a, appeals the denial of his petition for a writ of habeas corpus. Espinoza was put into exclusion proceedings while attempting to return from a four-day trip to Mexico because he had not received advance parole from the Immigration and Naturalization Service ("INS") prior to his departure. The district court had jurisdiction under 8...

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