No. 03-2351.

394 F.3d 461 (2005)

Walter Leopoldo ESPINOZA-FRANCO, Petitioner, v. John ASHCROFT, Attorney General of the United States, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided December 15, 2004.

Published January 3, 2005.

Attorney(s) appearing for the Case

Peter Y. Qiu (argued), Chicago, IL, for Petitioner.

George P. Katsivalis, Department of Homeland Security, Office of the District Counsel, Chicago, IL, Anthony P. Nicastro (argued), Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for Respondent.

Before RIPPLE, EVANS, and SYKES, Circuit Judges.


Walter Leopoldo Espinoza-Franco was convicted under an Illinois statute of felony sexual abuse of his daughter. The Immigration and Naturalization Service (now Department of Homeland Security) began proceedings against him, arguing that he is removable because he committed "sexual abuse of a minor" — an aggravated felony under the Immigration and Nationality Act. After a hearing, an Immigration Judge ordered his removal, and the Board of Immigration...

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