PERALTA-CABRERA v. GONZALES

No. 06-2254.

501 F.3d 837 (2007)

Olger G. PERALTA-CABRERA, Petitioner, v. Alberto R. GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided September 7, 2007.


Attorney(s) appearing for the Case

Richard L. Breitman (argued), Bloomington, MN, for Petitioner.

Jill E. Zengler, Shelese M. Woods, Margaret A. Schutte (argued), Office of the United States Attorney, Indianapolis, IN, Karen Lundgren, Department of Homeland Security Office of the Chief Counsel, Chicago, IL, for Respondent.

Before RIPPLE, EVANS, and WILLIAMS, Circuit Judges.


EVANS, Circuit Judge.

This is the second time that we are called to address Olger Peralta-Cabrera's case, in which he petitions for review of the Board of Immigration Appeals's (BIA) decision upholding the immigration judge's (IJ) denial of his motion to reopen. The material facts are not disputed, and although we briefly discussed them in a 2006 order, we recount them here for the sake of clarity.

In November 1994...

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