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LINO v. GONZALES

No. 05-1078.

467 F.3d 1077 (2006)

Francisca LINO, Petitioner, v. Alberto R. GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided November 6, 2006.

Attorney(s) appearing for the Case

Diana C. White (argued), Lisa J. Palumbo, Legal Assistance Foundation of Metropolitan Chicago, Chicago, IL, for Petitioner.

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

Before FLAUM, Chief Judge, and RIPPLE and EVANS, Circuit Judges.

FLAUM, Chief Judge.

In 1999, Immigrations and Customs Enforcement ("ICE") caught Francisca Lino attempting to enter the United States with forged documents and issued her a removal order. Shortly thereafter, Lino illegally reentered the United States. She married an American citizen and had three daughters, who are American citizens as well.

In 2001, Lino applied to adjust her status under Immigration and Nationality Act ("INA") § 245(i) to become a lawful...

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