Legal Opinion

Gabriel Espinoza-Gutierrez v. Richard C. Smith, District Director, Immigration and Naturalization Service

Court of Appeals for the Ninth Circuit

Decided September 3, 1996No. 95-35409PublishedCited by 40 opinions

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…

2Cases cited35 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  3. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  4. Russello v. United StatesSupreme Court of the United States · 1983
  5. Lorillard v. PonsSupreme Court of the United States · 1978

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3Cited by40 opinions

  1. Douglas W. Schwenk v. James Hartford Steve Sinclair Robert Mitchell,opinionCourt of Appeals for the Ninth Circuit · 2000
  2. Marie Therese Halim Assa'ad v. United States Attorney General, Immigration and Naturalization ServiceCourt of Appeals for the Eleventh Circuit · 2003
  3. Federal Trade Commission v. Freecom Communications, Inc.Court of Appeals for the Tenth Circuit · 2005
  4. Sokha Sun v. John Ashcroft, Attorney General Immigration and Naturalization Service Robert Coleman, District Director of InsCourt of Appeals for the Ninth Circuit · 2004
  5. Rony Perez-Guzman v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2016

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