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FILSAIME v. ASHCROFT

Docket No. 03-2221.

393 F.3d 315 (2004)

Jean FILSAIME, Petitioner-Appellant, v. John ASHCROFT, U.S. Attorney General, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 27, 2004.

Attorney(s) appearing for the Case

Perry S. Reich, Schapiro & Reich, Lindenhurst, NY, for Petitioner-Appellant.

Krishna R. Patel, Assistant United States Attorney (William J. Nardini, Assistant United States Attorney, on the brief; Kevin J. O'Connor, United States Attorney for the District of Connecticut, on the brief), New Haven, CT, for Respondent-Appellee.

Before: FEINBERG, STRAUB, and RAGGI, Circuit Judges.

PER CURIAM.

Jean Filsaime, a native and a citizen of Haiti, first entered the United States in 1967 on a visitor's visa. When the term authorized by that visa expired in February 1968 Filsaime did not leave the United States as required by law and remained in the United States. In August 1989 Filsaime was granted an indefinite period of voluntary departure, after which he continued to reside in the United States. This is known because, in December 1997, Filsaime pleaded...

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