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KLEMENTANOVSKY v. GONZALES

No. 06-3617.

501 F.3d 788 (2007)

Dmitry M. KLEMENTANOVSKY, Petitioner, v. Alberto R. GONZALES, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 28, 2007.

Rehearing Denied October 23, 2007.

Attorney(s) appearing for the Case

Lee A. Russo, Morgan R. Hirst, argued, Jones Day, Chicago, IL, for Petitioner.

Karen Lundgren, Department of Homeland Security, Office of the Chief Counsel, Chicago, IL, David V. Bernal, Ernesto H. Molina, Jr., Ana T. Zablah, argued, Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for Respondent.

Before POSNER, KANNE, and WILLIAMS, Circuit Judges.

Rehearing En Banc Denied October 23, 2007.

KANNE, Circuit Judge.

Dmitry M. Klementanovsky brings a petition for review of the Board of Immigration Appeals' ("BIA") order affirming the Immigration Judge's ("IJ") decision to deny his application for a waiver of inadmissibility under § 212(h) of the Immigration and Nationality Act (INA), and ordering his removal to Russia. He argues that the BIA erred by concluding that he was an aggravated felon and that...

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