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United States Seventh Circuit


GARCIA v. ASHCROFT, 04-1481

Plaintiff's petition for review is transferred to the district court and must be construed as a petition for a writ of habeas corpus to determine whether his state felony conviction, punishable only as a misdemeanor under federal law, qualifies as an aggravated felony.

Appellate Information

  • Argued 11/17/2004
  • Decided 01/06/2005
  • Published 01/06/2005

Judges

  • ILANA DIAMOND ROVNER, Circuit Judge., Before COFFEY, MANION, and ROVNER, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • George S. Pfeifer (argued), Evanston, IL, for Petitioner.

  • For Appellees:
  • George P. Katsivalis (argued), Department of Homeland Security Office of the District Counsel, Chicago, IL, Russell Verby (argued), Department of Justice Civil Division, Immigration Litigation, Washington, D.C., for Respondent.
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