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NIGUSSIE v. ASHCROFT

No. 03-2757.

383 F.3d 531 (2004)

Abel Mehari NIGUSSIE, Petitioner, v. John D. ASHCROFT, as Attorney General of the United States, and Bureau of Citizenship & Immigration Services, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided September 1, 2004.

Attorney(s) appearing for the Case

Babatunde A. Irukera (argued), Olusola O. Oyeyemi, Chicago, IL, for Petitioner.

George P. Katsivalis, Department of Homeland Security, Office of the District Counsel, Chicago, IL, Jeremiah M. Luongo, Jonathan Cohn (argued), Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for Respondent.

Before BAUER, POSNER, and KANNE, Circuit Judges.

KANNE, Circuit Judge.

I. History

On March 5, 2000, Abel Mehari Nigussie, an Ethiopian citizen of allegedly Eritrean origin, entered the United States as a nonimmigrant using a fraudulent passport. He was detained at the Los Angeles International Airport and interviewed by an Immigration and Naturalization Service1 ("INS") officer and found to be inadmissible. On April 4, 2000, the INS...

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