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ORICHITCH v. GONZALES

No. 04-1109.

421 F.3d 595 (2005)

Viktoria B. ORICHITCH, Petitioner, v. Alberto R. GONZALES, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 31, 2005.

Attorney(s) appearing for the Case

Stanley J. Horn (argued), Azulay, Horn & Seiden, Chicago, IL, for Petitioner.

Karen Lundgren, Dept. of Homeland Security, Chicago, IL, Mary J. Candaux, Anh-Thu P. Mai (argued), Dept. of Justice Civil Division, Immigration Litigation, Washington, DC, for Respondent.

Before MANION, WOOD, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

Petitioner Viktoria Orichitch, a native and citizen of Ukraine, appeals a final order of removal issued by the Board of Immigration Appeals (BIA), affirming an IJ's refusal to consider her application for adjustment of status. The BIA affirmed the denial based on a statutory bar triggered by the petitioner's failure to leave the country prior to a departure date set by a previously issued voluntary departure order. Because we find that an...

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