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CALMA v. HOLDER

Nos. 10-2795, 10-3973.

663 F.3d 868 (2011)

Ricardo Yonzon CALMA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent. Oleh Khomyshyn, Petitioner, v. Eric H. Holder, Jr., Attorney General of the United States, Respondent.

United States Court of Appeals, Seventh Circuit.

Submitted June 14, 2011.

Decided December 5, 2011.

Opinion Published December 13, 2011.

Attorney(s) appearing for the Case

Justin R. Burton , Matthew Scott Kriezelman (argued), Attorneys, Kriezelman Burton & Associates, Chicago, IL, for Petitioners in No. 10-2795.

OIL, Jane T. Schaffner (argued), Attorneys, Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for Respondents in No. 10-2795.

Scott E. Bratton , Attorney, Wong & Associates, Cleveland, OH, for Petitioner in No. 10-3973.

Jamie M. Dowd , Jeffery R. Leist , OIL, Attorneys, Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for Respondent in No. 10-3973.

Before POSNER, ROVNER, and WOOD, Circuit Judges.

WOOD, Circuit Judge.

The petitioners in these consolidated cases, Ricardo Calma and Oleh Khomyshyn, have a great deal in common. Both have been in the United States for many years without permission, and each would like to adjust his status to that of lawful permanent resident through relatives who are legitimately in the United States. When the time came for an Immigration Judge (IJ) to issue a decision, each was found ineligible for permanent residence because of...

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