United States Seventh Circuit

Petition for review of a denial of a motion to reopen and remand for consideration of petitioner's application for a waiver of deportation under now-repealed section 212(c) of the Immigration and Nationality Act is denied where: 1) petitioner did not have a liberty or property interest in a chance at wholly discretionary relief from removal, and publication of a proposed rule change gave petitioner adequate notice; 2) there was no abuse of discretion in the BIA's refusal to equitably toll the time limit for filing an application for section 212(c) relief; and 3) the rule establishing the time limit was procedural and within the Attorney General's grant of rule-making authority.

Appellate Information

• Argued 01/03/2007
• Decided 02/28/2007
• Published 02/28/2007

Judges

• TERENCE T. EVANS, Circuit Judge., Before KANNE, ROVNER, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Kathleen C. Gasparian, Ware & Associates, Metairie, LA, for Petitioner.


• For Appellees:
  
• Karen Lundgren, Department of Homeland Security Office of the Chief Counsel, Chicago, IL, Ana T. Zablah, Department of Justice Civil Division, Immigration Litigation, Washington, DC, for Respondent.