Fermin Castro-Nuno v. Immigration and Naturalization Service

577 F.2d 577 Fermin CASTRO-NUNO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 77-1260. United States Court of Appeals, Ninth Circuit. June 26, 1978. Gary H. Manulkin, Los Angeles, Cal., for petitioner. Carolyn Reynolds, Asst. U. S. Atty., Los Angeles, Cal., for respondent. Petition to Review a Decision of the United States Immigration & Naturalization Service. Before CHOY and ANDERSON, Circuit Judges, and PALMIERI, * District Judge. CHOY, Circuit Judge: 1 Appellant is Fermin Castro-Nuno, a citizen of Mexico, alleged to have illegally entered the United States. He contests an order of the Immigration and Naturalization Service (INS) that he voluntarily depart from the United States or be deported. This Court has jurisdiction under 8 U.S.C. § 1105a(a), allowing for appeals from final decrees of the INS. We reverse. FACTS 2 Castro-Nuno was employed as a gardener on the Van de Kamp estate in San Marino, California. On March 20, 1975, he was questioned by an INS agent who had entered the estate in pursuit of another person. Believing that Castro-Nuno was an illegal alien, the officer took him into custody. Later that same day, the INS, pursuant to…