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DABABNEH v. GONZALES

No. 05-4001.

471 F.3d 806 (2006)

Nahar Said DABABNEH, Petitioner, v. Alberto GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided December 19, 2006.

Attorney(s) appearing for the Case

Susan Compernolle (argued), Rubman & Compernolle, Chicago, IL, for Petitioner.

Karen Lundgren, Department of Homeland Security Office of the Chief Counsel, Chicago, IL, Joshua E. Braunstein (argued), Robbin K. Blaya, Department of Justice Civil Division, Immigration Litigation, Washington, DC, for Respondent.

Before BAUER, POSNER, and FLAUM, Circuit Judges.

FLAUM, Circuit Judge.

Nahar Said Dababneh has lived illegally in the Chicago area since December 1, 1993. On April 14, 2003, the Department of Homeland Security ("DHS") served Dababneh with a Notice to Appear ("NTA"), which did not include the time or date of his removal hearing. DHS served Dababneh the NTA approximately a month and a half before he accumulated ten years of continuous presence in the United States, which would have made him eligible for cancellation...

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