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AHMED v. GONZALES

No. 05-3965.

465 F.3d 806 (2006)

Shaikh W. AHMED, Petitioner, v. Alberto R. GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided October 16, 2006.

Attorney(s) appearing for the Case

Guy Croteau (argued), Immigration Law Center, Chicago, IL, for Petitioner.

Karen Lundgren, Department of Homeland Security Office of the Chief Counsel, Chicago, IL, William C. Erb, Jr., Hillel R. Smith (argued), Department of Justice Civil Division, Immigration Litigation, Washington, DC, for Respondent.

Before MANION, ROVNER, and SYKES, Circuit Judges.

PER CURIAM.

Shaikh Ahmed, who overstayed a visitor's visa, conceded removability but contended that he was "grandfathered" under section 245(i) of the Immigration and Nationality Act ("INA")—which means that he would be entitled to apply for adjustment of status to become a permanent resident when a visa became available. Ahmed's grandfathered status was based on a family-based visa petition his sister filed on his behalf. He informed the Immigration Judge...

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