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ZAIDI v. ASHCROFT

No. 03-3062.

377 F.3d 678 (2004)

Syed ZAIDI, Petitioner, v. John D. ASHCROFT, Attorney General of the United States of America, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided July 26, 2004.

Attorney(s) appearing for the Case

Richard H. Trais (argued), Chicago, IL, for Petitioner.

George P. Katsivalis, Department of Homeland Security, Office of the District Counsel, Chicago, IL, Michele Y.F. Sarko, Isaac R. Campbell, John Wood (argued), Department of Justice, Office of the Attorney General, Washington, DC, for Respondent.

Before CUDAHY, RIPPLE and WILLIAMS, Circuit Judges.

RIPPLE, Circuit Judge.

Syed Zaidi is a citizen of Pakistan and a practicing Shia Muslim. He entered the United States in April 1997 as a non-immigrant visitor and overstayed his visa. The Immigration and Naturalization Service (the "INS") commenced removal proceedings against him in July 2000, and Mr. Zaidi applied for asylum in February 2002. The Immigration Judge (the "IJ") determined that Mr. Zaidi's application for asylum was untimely but that he was still eligible...

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