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CAPRIC v. ASHCROFT

No. 02-3172.

355 F.3d 1075 (2004)

Saleh CAPRIC, Camila Capric, Albert Capric, and Elvis Capric, Petitioners, v. John D. ASHCROFT, Attorney General of the United States, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided January 23, 2004.

Attorney(s) appearing for the Case

Mary L. Sfasciotti (Argued), Chicago, IL, for Petitioners.

George P. Katsivalis, Department of Homeland Security, Office of the District Counsel, Chicago, IL, John C. Cunningham (Argued), Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for Respondents.

Before CUDAHY, RIPPLE, and KANNE, Circuit Judges.

KANNE, Circuit Judge.

In 1992, Petitioners Saleh Capric, his wife, Camila, and sons, Albert and Elvis, were citizens of Bar, Montenegro, a region in the former Federal Republic of Yugoslavia ("FRY"). Capric's family entered the United States on September 2, 1992, as non-immigrant visitors for pleasure with permission to remain here until March 1, 1993. Capric himself entered this country on September 19, 1992, as a visitor using a passport and visa he later admitted...

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