Ramon Baca-Prieto v. Al Guigni, District Director (El Paso District), Immigration and Naturalization Service

BALDOCK, Circuit Judge.

Petitioner commenced this hybrid action for habeas, declaratory, and injunctive relief to challenge an order of deportation issued by the Immigration and Naturalization Service (INS) in exclusion proceedings. The thrust of petitioner’s complaint is that the INS erred in deeming his return to the United States from Mexico in February 1988 an “entry” within the compass of 8 U.S.C § 1101(a)(13), 1 and, as a result, improperly treated his case as one of exclusion rather than deportation. 2 In a summary order, the district court granted a writ of habeas corpus, “permanently…