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GUTIERREZ-ALMAZAN v. GONZALES

No. 05-4494.

491 F.3d 341 (2007)

Telesforo GUTIERREZ-ALMAZAN, Petitioner, v. Alberto R. GONZALES, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided June 21, 2007.

Attorney(s) appearing for the Case

Courtney M. Oliva, Latham & Watkins, Geoffrey Heeren (argued), Legal Assistance Foundation of Metropolitan Chicago, Chicago, IL, for Petitioner.

Karen Lundgren, Department of Homeland Security, Office of the Chief Counsel, Chicago, IL, Jennifer A. Levings (argued), Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for Respondent.

Before FLAUM, MANION, and ROVNER, Circuit Judges.

FLAUM, Circuit Judge.

Telesforo Gutierrez-Almazan, a native and citizen of Mexico, was admitted to the United States as a lawful permanent resident in 1981. In 1994, he pleaded guilty to criminal sexual assault of a minor. Based on that conviction, the United States identified Gutierrez-Almazan as an aggravated felon and in 1999 initiated removal proceedings against him. After an IJ ordered him removed to Mexico, the Board of Immigration Appeals ("BIA") reversed,...

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