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TAPIA v. ASHCROFT

No. 02-2827.

351 F.3d 795 (2003)

Octavio TAPIA, Petitioner, v. John ASHCROFT, Attorney General of the United States, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided December 16, 2003.

Attorney(s) appearing for the Case

Kurt Yahn, Sternberg & Associates, Chicago, IL, Martin Schwartz (argued), Tampa, FL, for Petitioner.

George P. Katsivalis, Office of the District Counsel, Chicago, IL, Richard M. Evans, Nancy E. Friedman (argued), Department of Justice, Civ. Div., Immigration Lit., Washington, DC, for Respondent.

Before RIPPLE, MANION, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

Octavio Tapia is a Mexican citizen who overstayed his deadline as a pleasure visitor and was ordered deported in absentia. After his case was reopened and he conceded deportability, an immigration judge (IJ) denied his request for suspension of deportation by finding that he was ineligible for such relief because he had not been present in the United States for seven consecutive years. Tapia appealed to the Board of Immigration Appeals...

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