United States Seventh Circuit

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Ali v. Achim, 05-1194

Denial of habeas corpus petition is dismissed as moot. Petition for review of BIA denial of waiver of inadmissibility, asylum, and withholding of removal is denied where the Attorney General acted within his discretion when he established the heightened waiver standard for violent or dangerous criminal refugees, and the BIA did not apply an incorrect legal standard when it determined that petitioner committed a "particularly serious" crime for purposes of ineligibility for asylum and withholding of removal. Petition for review of denial of application under the Convention Against Torture is granted where the BIA left open the question whether petitioner would face torture "at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity."

Appellate Information

  • Argued 01/09/2006
  • Decided 11/06/2006
  • Published 11/06/2006

Judges

  • SYKES, Circuit Judge., Before POSNER, EVANS, and SYKES, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • M.C. Georgina Fabian, Mayer, Brown, Rowe & Maw, Chicago, IL, Charles Roth (argued), Midwest Immigrant and Human Rights Center, Travelers and Immigrants Aid, Chicago, IL, Christine Poulon, Mayer, Brown, Rowe & Maw, Washington, DC, for Petitioner-Appellant., Brian J. Murray, Jones Day, Chicago, IL, Mirna Adjami, Charles Roth (argued), Midwest Immigrant and Human Rights Center, Travelers and Immigrants Aid, Chicago, IL, for Amicus Curiae.

  • For Appellees:
  • Sheila M. McNulty, Office of the United States Attorney, Chicago, IL, Leslie M. McKay (argued), Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for Respondents-Appellees., Karen Lundgren, Department of Homeland Security, Office of the Chief Counsel, Chicago, IL, Robbin K. Blaya (argued), Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for Respondent.
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