United States Seventh Circuit

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Gutnik v. Gonzales, 05-3007

Petition for review of the application of particular removal grounds to some of petitioner's convictions and the IJ's conclusions as to the unavailability of certain forms of relief from removal is granted in part where the application of the "hypothetical federal felony approach" removes the bar to petitioner's asylum claim, but denied where petitioner no longer qualifies as a refugee and is therefore ineligible to apply for a section 1159(c) waiver of inadmissability in conjunction with an adjustment of status.

Appellate Information

  • Decided 11/29/2006
  • Published 11/29/2006


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


  • United States Seventh Circuit


  • For Appellant:
  • Maria T. Baldini-Potermin (argued), Pollock & Associates, Chicago, IL, for Petitioner.

  • For Appellees:
  • Karen Lundgren, Department of Homeland Security, Chicago, IL, Thankful T. Vanderstar, Dimitri Rocha (argued), Department of Justice, Washington, DC, for Respondent.
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