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CONTRERAS v. SCHILTGEN

No. 96-15577.

151 F.3d 906 (1998)

Jose CONTRERAS, Petitioner-Appellant, v. Ted SCHILTGEN, District Director; Immigration and Naturalization Service; United States Department of Justice, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 31, 1997.

Reargued and Submitted June 17, 1998.

Decided August 7, 1998.

Attorney(s) appearing for the Case

Norton Tooby, Oakland, CA, for petitioner-appellant.

Glyndell E. Williams, Special Assistant U.S. Attorney, Sacramento, CA, Donald E. Keener, Deputy Director, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, for respondents-appellees.

Before: WOOD, SCHROEDER, and HALL, Circuit Judges.

SCHROEDER, Circuit Judge:

This is a 28 U.S.C. § 2241 habeas corpus proceeding against the Immigration and Naturalization Service. The petitioner Jose Contreras challenges his INS detention pending completion of deportation proceedings. Contreras is charged with being deportable under 8 U.S.C. § 1227(a)1 on the basis of his prior California conviction for assault with a firearm. He claims the state court conviction is not valid...

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