BAZAN-REYES v. I.N.S.

Nos. 99-3861, 99-3917, 99-3922.

256 F.3d 600 (2001)

Jose A. BAZAN-REYES, Wincenty Z. Maciasowicz, and Arnoldo Gomez-Vela, Petitioners-Appellants, v. IMMIGRATION AND NATURALIZATION SERVICE and John D. Ashcroft, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 5, 2001.


Attorney(s) appearing for the Case

Michael Morrone (argued), Bloomington, IN, for Petitioner Jose A. Bazan-Reyes in No. 99-3861.

Janet Reno, U.S. Atty. Gen., Office of the U.S. Atty. Gen., Washington, DC, Samuel Der-Yeghiayan, INS, Chicago, IL, James A. Hunolt, Susan Houser (argued), Dept. of Justice, Civ. Div., Immigration Litigation, Washington, DC, for Respondent INS in No. 99-3861.

James A. Hunolt, John D. Ashcroft, Dept. of Justice, Washington, DC, for Respondents Janet Reno and John D. Ashcroft in No. 99-3861.

Y. Judd Azulay, Stanley J. Horn (argued), Azulay, Horn, Kalaf & Yoo, Chicago, IL, for Petitioner Wincenty Maciasowicz in No. 99-3917.

Samuel Der-Yeghiayan, INS, Chicago, IL, William E. Michaels, Susan Houser (argued), Dept. of Justice, Civ. Div., Immigration Litigation, Washington, DC, for Respondent INS in No. 99-3917.

Royal F. Berg (argued), Chicago, IL, for Petitioner Arnoldo Gomez-Vela in No. 99-3922.

Samuel Der-Yeghiayan, INS, Chicago, IL, Robert L. Bombaugh, Susan Houser (argued), Dept. of Justice, Civ. Div., Immigration Litigation, Washington, DC, for Respondent INS in No. 99-3922.

Michael E. Gordon, Dept. of Justice, Civ. Div., Immigration Litigation, John D. Ashcroft, Dept. of Justice, Washington, DC, for Respondents Janet Reno and John D. Ashcroft in No. 99-3922.

Before FLAUM, Chief Judge, and RIPPLE and KANNE, Circuit Judges.


KANNE, Circuit Judge.

Petitioners Jose A. Bazan-Reyes, Wincenty Z. Maciasowicz, and Arnoldo Gomez-Vela seek review of decisions by the Immigration and Naturalization Service ("INS") and the Board of Immigration Appeals ("BIA") finding them removable as a result of state drunk driving offenses. These cases were consolidated for the purposes of appeal because they all raise the same issue: are petitioners' state drunk driving convictions aggravated felonies as defined...

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