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MORALES-RAMIREZ v. RENO

No. 99-2065.

209 F.3d 977 (2000)

Alejandro MORALES-RAMIREZ, Petitioner-Appellant, v. Janet RENO, Attorney General of the United States; Doris Meissner, Commissioner of the Immigration, Naturalization Service; Brian R. Perryman, Chicago District Director of the Immigration and Naturalization Service, and the Immigration and Naturalization Service, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 13, 2000.

Attorney(s) appearing for the Case

James R. Fennerty, Chicago, IL, Susan Compernolle (argued), Rubman & Compernolle, Chicago, IL, for petitioner-appellant.

Thomas P. Walsh, Office of the U.S. Attorney, Civil Division, Chicago, IL, Papu Sandhu, (argued), Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for respondents-appellees.

Before POSNER, Chief Judge, and MANION and KANNE, Circuit Judges.

KANNE, Circuit Judge.

In 1997, the INS ordered Alejandro Morales-Ramirez to be removed to Mexico as a result of a 1993 conviction for importation of marijuana. Morales-Ramirez sought habeas corpus review of his removal in district court, claiming that he was denied due process as a result of the INS's failure to institute timely exclusion proceedings against him. The district court dismissed his petition on the basis of our holding in LaGuerre v. Reno,

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