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HADAYAT v. GONZALES

No. 04-4195.

458 F.3d 659 (2006)

Karayana HADAYAT, Petitioner, v. Alberto R. GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 15, 2006.

Attorney(s) appearing for the Case

Christopher W. Helt (argued), Chicago, IL, for Petitioner.

George P. Katsivalis, Department of Homeland Security, Chicago, IL, Jonathan F. Potter (argued), Department of Justice Civil Division, Immigration Litigation, for Respondent.

Before RIPPLE, KANNE, and WOOD, Circuit Judges.

WOOD, Circuit Judge.

Karayana Hadayat, an Indonesian national, arrived in the United States in 1999 on a visitor visa. Soon thereafter, his brother, a U.S. citizen, filed a visa petition on Hadayat's behalf. Although the petition was approved, no visa was immediately available. Once his visitor visa expired, the only legal option available to Hadayat was to return to Indonesia and await action on his brother's petition. Hadayat chose another path: he decided to stay...

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