United States Seventh Circuit

Petition for review of an IJ's decision that did not address a family-based visa petition that had been filed in petitioner's case, and that petitioner alleged grandfathered him under section 245(i) of the Immigration and Nationality Act, is granted where: 1) the court has jurisdiction to review a discretionary decision that would, without stated reasons consistent with the statute, operate to prevent an alien from pursuing statutory rights; and 2) petitioner was correct that the family-based petition grandfathered him under the INA.

Appellate Information

• Argued 08/08/2006
• Decided 10/16/2006
• Published 10/16/2006

Judges

• PER CURIAM., Before MANION, ROVNER, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Guy Croteau (argued), Immigration Law Center, Chicago, IL, for Petitioner.


• For Appellees:
  
• Karen Lundgren, Department of Homeland Security Office of the Chief Counsel, Chicago, IL, William C. Erb, Jr., Hillel R. Smith (argued), Department of Justice Civil Division, Immigration Litigation, Washington, DC, for Respondent.