United States Seventh Circuit

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KROUGLIAK v. IMMIGRATION & NATURALIZATION SERV., 01-3141

Motion to reopen appellant's asylum case, based on new evidence of his persecution in the Ukraine, was properly denied where evidence was neither new nor previously unavailable at time of asylum hearing; a motion to remand for adjustment of alien status after a case has been closed should be treated as one to reopen proceedings.

Appellate Information

  • Argued 04/18/2002
  • Decided 05/07/2002
  • Published 05/07/2002

Judges

  • FLAUM, Chief Judge., Before FLAUM, Chief Judge, and WOOD, Jr. and POSNER, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Stephen D. Berman (argued), Chicago, IL, for Petitioner.

  • For Appellees:
  • Stephen J. Flynn (argued), Dept. of Justice Civil Div., Washington, DC, Jennifer Giamastiani, Immigration & Naturalization Service, Chicago, IL, for Respondent.
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