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KHOLYAVSKIY v. ACHIM

No. 05-2893.

443 F.3d 946 (2006)

Arkadiy L. KHOLYAVSKIY, Petitioner-Appellant, v. Deborah ACHIM, Alberto R. Gonzales, and Michael Chertoff, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 17, 2006.

Attorney(s) appearing for the Case

Maria T. Baldini-Potermin (argued), Pollock & Associates, Chicago, IL, for Petitioner-Appellant.

Sheila M. McNulty (argued), Office of United States Attorney, Chicago, IL, Alberto R. Gonzales, Dept. of Justice, Office of Attorney General, Washington, DC, for Respondents-Appellees.

Before CUDAHY, RIPPLE and KANNE, Circuit Judges.

RIPPLE, Circuit Judge.

Arkadiy Kholyavskiy, a Jewish refugee from Russia, has been incarcerated at the Kenosha County Detention Center in Kenosha, Wisconsin, since he was ordered removed for committing two or more crimes of moral turpitude. See 8 U.S.C. § 1227(a)(2)(A)(i)(I). Contending that this detention is unconstitutional and seeking his immediate release from custody, he brought this action for a writ of habeas corpus in the United States District...

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