United States Seventh Circuit

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Lino v. Gonzales, 05-1078

Petition for review of reinstatement of removal order and the denial of adjustment of status application is denied where section 241(a)(5) of the INA plainly precludes a previously removed alien who has since illegally reentered the U.S. from adjusting her status under section 245(i), and petitioner does not fall within any Congressionally recognized exemption from section 241(a)(5).

Appellate Information

  • Decided 11/06/2006
  • Published 11/06/2006


  • FLAUM, Chief Judge., Before FLAUM, Chief Judge, and RIPPLE and EVANS, Circuit Judges.


  • United States Seventh Circuit


  • For Appellant:
  • Diana C. White (argued), Lisa J. Palumbo, Legal Assistance Foundation of Metropolitan Chicago, Chicago, IL, for Petitioner.

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