Gabriel Espinoza-Gutierrez v. Richard C. Smith, District Director, Immigration and Naturalization Service
Court of Appeals for the Ninth Circuit
1Opinion of the Court
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 U.S.C. § 1105a(b). We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we reverse and remand. Petitioner also appeals the district…
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