No. 04-1481.

394 F.3d 487 (2004)

Jose Luis GARCIA, Petitioner, v. John D. ASHCROFT, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided January 6, 2005.

Attorney(s) appearing for the Case

George S. Pfeifer (argued), Evanston, IL, for Petitioner.

George P. Katsivalis (argued), Department of Homeland Security Office of the District Counsel, Chicago, IL, Russell Verby (argued), Department of Justice Civil Division, Immigration Litigation, Washington, D.C., for Respondent.

Before COFFEY, MANION, and ROVNER, Circuit Judges.


Jose Luis Garcia has been in the United States without authorization since 1977. In 1988 he pleaded guilty in an Illinois court to simple possession of a small quantity of cocaine, but after he successfully completed probation under the state's deferred-adjudication statute, the charge was dismissed. Then in 2000 the former Immigration and Naturalization Service ("INS") charged Garcia as removable, alleging both that he is in the...

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