Nos. 03-2755, 04-1108.

407 F.3d 815 (2005)

Rafal J. LABOJEWSKI, Petitioner, v. Alberto R. GONZALES, Attorney General of the United States, Respondent. Faustino Chavez-Saldana, Petitioner, v. Alberto R. Gonzales, Attorney General of the United States, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided May 4, 2005.

Rehearing and Rehearing Denied July 6, 2005.

Attorney(s) appearing for the Case

Saadia Siddique (argued), Rebecca M. Reyes (argued), Azulay, Horn & Seiden, Chicago, IL, for Petitioner Rafal J. Labojewski.

William A. Quiceno, Kempster, Keller & Lenz-Calvo, Chicago, IL, for Petitioner Faustino Chavez-Saldana.

Papu Sandhu (argued), Michele Y.F. Sarko, Department of Justice Civil Division, Immigration Litigation, Washington, DC, and George P. Katsivalis, Department of Homeland Security Office of the District Counsel, Chicago, IL, for Respondent.

Before COFFEY, RIPPLE, and SYKES, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 6, 2005.

SYKES, Circuit Judge.

We have consolidated these immigration cases for decision on the question of whether the deportation reinstatement provision of the Illegal Immigration Reform and Immigrant Responsibility Act ("IIRIRA"), 8 U.S.C. § 1231(a)(5), is impermissibly retroactive when applied to an alien who reentered the United States before but applied for adjustment of status after the Act's effective...

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