ESCOBAR BARRAZA v. MUKASEY

No. 07-2502.

519 F.3d 388 (2008)

Arturo ESCOBAR BARRAZA, Petitioner, v. Michael B. MUKASEY, Attorney General of the United States, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided March 13, 2008.


Attorney(s) appearing for the Case

Victor W. Zhao, Mayer Brown, Houston, TX, Charles Roth, Heartland Alliance For Human Needs & Human Rights, Chicago, IL, for Petitioner.

Carmel A. Morgan, Department of Justice Civil Division, Washington, DC, for Respondent.

Before EASTERBROOK, Chief Judge, and POSNER and WOOD, Circuit Judges.


EASTERBROOK, Chief Judge.

Arturo Escobar Barraza, a citizen of Mexico, applied for permission to remain in the United States as a permanent resident under a provision establishing a preference for immediate relatives of citizens. (Both his wife and his mother are citizens of the United States.) Before the agency made a final decision on this application, however, Escobar was convicted in Nebraska of possessing drug paraphernalia— specifically, a pipe for smoking...

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