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VELEZ-LOTERO v. ACHIM

No. 04-2466.

414 F.3d 776 (2005)

Nelson I. VELEZ-LOTERO, Petitioner-Appellee, v. Deborah ACHIM, Interim Field Office Director, U.S. Immigration and Customs Enforcement, Michael Garcia, Assistant Secretary of U.S. Immigration and Customs Enforcement, Alberto R. Gonzales, Attorney General of the United States, et al., Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 11, 2005.

Attorney(s) appearing for the Case

James C. Ten Broeck, Jr. (argued), Chicago, IL, for Petitioner-Appellee.

Sheila M. Entenman, Office of the United States Attorney, Chicago, IL, Papu Sandhu (argued), Dept. of Justice Civil Div., Immigration Litigation, Washington, DC, for Respondents-Appellants.

Before ROVNER, EVANS and SYKES, Circuit Judges.

SYKES, Circuit Judge.

Nelson Velez-Lotero, a citizen of Columbia, pled guilty to a controlled substance offense in Illinois in 1995 and was later ordered deported on the basis of that conviction. After serving almost seven years of a seventeen-year prison sentence, Velez-Lotero was paroled and his custody was transferred to immigration authorities. He then filed a motion to reopen his case in the immigration court, claiming eligibility for discretionary waiver of...

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