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CHEDAD v. GONZALES

No. 05-2782.

497 F.3d 57 (2007)

Adil CHEDAD, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided July 31, 2007.

Attorney(s) appearing for the Case

Saher J. Macarius, with whom Law Offices of Saher J. Macarius, was on brief for petitioner.

Manuel A. Palau, Trial Attorney, Civil Division, United States Department of Justice, with whom Peter D. Keisler, Assistant Attorney General, and Terri J. Scadron, Assistant Director, were on brief, for respondent.

Nadine Wettstein and Matthew Downer, on brief for amicus curiae American Immigration Law Foundation.

Before SELYA, LIPEZ, and HOWARD, Circuit Judges.

HOWARD, Circuit Judge.

Adil Chedad petitions for review of a decision of the Board of Immigration Appeals ("BIA") upholding the order of an Immigration Judge ("IJ") pretermitting his application for adjustment of status and declaring him removable from the United States. The basis of the IJ's decision, and its affirmance, was that Chedad was ineligible for any such adjustment because he had overstayed a period of voluntary departure imposed as part of a prior BIA...

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