ESTRADA-RAMOS v. HOLDER

No. 09-3611.

611 F.3d 318 (2010)

Manuel ESTRADA-RAMOS, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided July 1, 2010.


Attorney(s) appearing for the Case

Khalil Jaafar Khalil, Attorney (argued), Zarzour Khalil & Tabbara, Chicago, IL, for Petitioner.

Michael C. Heyse, Attorney (argued), Oil, Attorney, Department of Justice, Washington, DC, for Respondent.

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


EVANS, Circuit Judge.

The Department of Homeland Security (DHS) initiated removal proceedings against Manuel Estrada-Ramos in 2008. Estrada-Ramos moved to terminate the proceedings, alleging that he was a lawful permanent resident as of 1997. However, there was a fly in the ointment: he was convicted of a criminal offense in California in 1991. Although his conviction was set aside pursuant to state law, DHS argued that it remained a "conviction" for purposes of the...

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