United States Seventh Circuit

A motion for release on bail by an asylum applicant is denied where: 1) a grant of a bail would conflict with the Attorney General's non-reviewable discretion to deny parole to asylum-seekers; and 2) the petitioner's entry visa was revoked prior to his arrival in the U.S., thus he was not lawfully admitted to the U.S. for constitutional purposes, and had no right to be released.

Appellate Information

• Argued 02/11/2008
• Decided 10/31/2007
• Published 10/31/2007

Judges

• BAUER, Circuit Judge., Before BAUER, KANNE and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Linda M. Babich (argued), Azulay, Horn & Seiden, Chicago, IL, for Petitioner.


• For Appellees:
  
• Carmel A. Morgan (argued), Department of Justice, Civil Division, Commercial Litigation, James Hurley, Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for Respondent.