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United States Seventh Circuit


DIMENSKI v. IMMIGRATION & NATURALIZATION SERV., 01-2351

An alien who leaves the US during the pendency of immigration proceedings on advance parole and then returns, is still subject to exclusion, rather than deportation proceedings, even if he was subject to deportation before leaving.

Appellate Information

  • Argued 12/04/2001
  • Decided 12/19/2001
  • Published 12/19/2001

Judges

  • EASTERBROOK, Circuit Judge., Before BAUER, POSNER, and EASTERBROOK, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Robert T. Carpenter (argued), Carpenter & Capt, Chicago, IL, for Dragen Dimenski., Greg D. Mack,Dept. of Justice, Office of Immigration Lit., Washington, DC, Jennifer Giambastiani, INS, Chicago, IL, Julia K. Doig (argued), Dept. of Justice, Civ. Div., Immigration Lit., John D. Ashcroft, Dept. of Justice, Washington, DC, for Immigration and Naturalization Service., Jennifer Giambastiani, INS, Chicago, IL, Thomas W. Hussey, Dept. of Justice, Civ. Div., Immigration Lit., John D. Ashcroft, Dept. of Justice, Washington, DC, for Brian R. Perryman., John D. Ashcroft, Dept. of Justice, Washington, DC, pro se.

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