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MUSABELLIU v. GONZALES

No. 04-2286.

442 F.3d 991 (2006)

Kastriot MUSABELLIU, Asije Musabelliu, and Ledina Musabelliu, Petitioners, v. Alberto R. GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided March 27, 2006.

Attorney(s) appearing for the Case

Elissa C. Steglich, Jeffrey R. Weiland (argued), Midwest Immigrant and Human Rights Center Travelers and Immigrants Aid, Chicago, IL, for Petitioners.

Karen Lundgren, Department of Homeland Security, Office of the District Counsel, Chicago, IL, Jeffrey J. Bernstein, William C. Erb, Jr. (argued), Department of Justice Civil Division, Immigration Litigation, Washington, DC, for Respondent.

Before CUDAHY, POSNER, and EASTERBROOK, Circuit Judges.

EASTERBROOK, Circuit Judge.

For 30 years Kastriot Musabelliu served in Albania's military. When mustered out at the end of January 2001 he held the rank of brigadier general. He used a tourist visa to enter the United States that May; when the visa expired he neither departed nor sought an extension. He claimed asylum with only a few days left in the year allowed for that step. 8 U.S.C. § 1158(a)(2)(B). His wife and daughter have filed claims that depend on his...

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