United States Seventh Circuit

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Zamora-Mallari v. Mukasey, 06-3717

Petitions for review of the denial of waivers of removability under section 212(c) of the Immigration and Nationality Act are denied where: 1) aliens charged with removability for an aggravated felony involving sexual abuse of a minor do not qualify for a section 212(c) waiver under the comparable grounds test; 2) because there is no comparable ground for inadmissibility, petitioners are not similarly situated to those found inadmissible under section 212(a) and therefore there was no equal protection violation; 3) the law of the case doctrine did not apply to one petitioner's case because the BIA never reached the merits of his section 212(c) petition; and 4) the court lacks jurisdiction to review the petitioners' challenges to the BIA's denials of their subsequent motions.

Appellate Information

  • Decided 01/24/2008
  • Published 01/24/2008

Judges

  • MANION, Circuit Judge., Before FLAUM, MANION, and KANNE, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Richard Hanus (argued), Mark S. Kocol (argued), Royal F. Berg (argued), Chicago, IL, for Petitioners.

  • For Appellees:
  • Joshua E. Braunstein, Brianne Whelan (argued), Gladys M. Steffens-Guzman (argued), Richard Zanfardino (argued), Department of Justice Civil Division, Immigration Litigation, Washington, DC, for Respondent.
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