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SZUCZ-TOLDY v. GONZALES

No. 04-1536.

400 F.3d 978 (2005)

Andrej SZUCZ-TOLDY, Petitioner, v. Alberto GONZALES, United States Attorney General, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided March 11, 2005.

Attorney(s) appearing for the Case

Charles G. Roth (argued), Chicago, IL, for Petitioner.

Karen Lundgren, Department of Homeland Security Office of the District Counsel, Chicago, IL, Michelle E. Gorden, Larry P. Cote (argued), Department of Justice Civil Division, Immigration Litigation, Washington, DC, for Respondent.

Before POSNER, MANION, and WOOD, Circuit Judges.

PER CURIAM.

Andrej Szucz-Toldy, a native of the former Czechoslovakia and a citizen of Slovakia, petitions for review of the BIA's determination that his Illinois conviction for "harassment by telephone" is a crime of violence and, hence, an aggravated felony that subjects him to removal. We grant the petition, vacate the underlying decision, and remand for further consideration.

In April 2003, Szucz — who has lived in the United States since 1973 and...

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