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U.S. v. DE HORTA GARCIA

No. 07-2060.

519 F.3d 658 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Jose DE HORTA GARCIA, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 13, 2008.

Attorney(s) appearing for the Case

David Reinhard (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee.

William R. Jones (argued), Jones Law Firm, Madison, WI, for Defendant-Appellant.

Before BAUER, KANNE and ROVNER, Circuit Judges.

BAUER, Circuit Judge.

Jose De Horta Garcia, then a permanent resident alien, was deported in 1996 because he had been convicted of a drug trafficking crime. This case involves his second illegal re-entry into the country after deportation. During his first prosecution for illegal re-entry, he challenged the validity of his deportation order on the grounds that he was denied his right to seek a discretionary waiver of deportation under former INA § 212(c), 8 U...

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