BOTEZATU v. I.N.S.

No. 98-4155.

195 F.3d 311 (1999)

Emil and Gabriela BOTEZATU, Plaintiffs-Appellants, v. IMMIGRATION AND NATURALIZATION SERVICE and Bryan Perryman, Chicago District Director of the Immigration and Naturalization Service, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 21, 1999.

Rehearing and Rehearing Denied December 6, 1999.


Attorney(s) appearing for the Case

Robert A. Perkins (argued), Perkins & Associates, Chicago, IL, Joseph Zinger, Schaumburg, IL, for plaintiffs-appellants.

James G. Hoofnagle, Jr., Office of U.S. Attorney, Civil Division, Chicago, IL, Papu Sandhu (argued), Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for defendants-appellees.

Before COFFEY, EASTERBROOK and ROVNER, Circuit Judges.


Rehearing and Rehearing En Banc Denied December 6, 1999.

ILANA DIAMOND ROVNER, Circuit Judge.

Emil Botezatu, a native of Romania, entered the United States as a non-immigrant alien in transit on March 19, 1993 with his fiancé Gabriela, also Romanian, with whom he had been living nearly continuously since 1988. Upon arrival, each filed a claim for political asylum with the Immigration and Naturalization Service. Her application for asylum was granted and...

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