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HERNANDEZ-ALVAREZ v. GONZALES

No. 04-1245.

432 F.3d 763 (2005)

Ismael HERNANDEZ-ALVAREZ, Petitioner, v. Alberto R. GONZALES, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided December 28, 2005.

Attorney(s) appearing for the Case

Maria T. Baldini-Potermin (argued), Pollock & Associates, Chicago, IL, for Petitioner.

Karen Lundgren, Department of Homeland Security Office of the District Counsel, Chicago, IL, Stacy S. Paddack (argued), Department of Justice Civil Division, Immigration Litigation, Washington, DC, for Respondent.

Before MANION, ROVNER, and WOOD, Circuit Judges.

MANION, Circuit Judge.

Mexican citizen Ismael Hernandez-Alvarez became a lawful permanent resident in 1992. But in 2002 he was convicted in Illinois of indecent solicitation of a child, 720 ILCS 5/11-6(a) (2000), and consequently the Department of Homeland Security initiated removal proceedings under 8 U.S.C. § 1227(a)(2)(A)(iii) (2000), which requires expulsion of an alien convicted of an "aggravated felony." The Immigration and Nationality Act defines "aggravated...

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