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ARANGO MARQUEZ v. I.N.S.

No. 01-17191.

346 F.3d 892 (2003)

Domingo ARANGO MARQUEZ, Petitioner-Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 19, 2003.

Attorney(s) appearing for the Case

Daniel J. Broderick, Chief Assistant Federal Defender, Gillian Black, Staff Attorney, Federal Defender, Sacramento, California, for the Appellant.

Shelley R. Goad, Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for the Appellee.

Before: Dorothy W. NELSON, Robert R. BEEZER, and Kim McLANE WARDLAW, Circuit Judges.

Argued and Submitted October 11, 2002 — San Francisco, California.

Opinion by Judge WARDLAW; Concurrence by Judge BEEZER

OPINION

WARDLAW, Circuit Judge.

Domingo Arango Marquez is a Mariel Cuban refugee subject to indefinite detention by the Immigration and Naturalization Service ("INS") since August 16, 2000, because his country of origin will not accept his repatriation. Because he is an "excluded alien" under the former immigration...

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