United States Seventh Circuit

Conviction for illegal re-entry is affirmed over defendant's challenge to the denial of his right to seek a discretionary waiver of deportation during his original deportation hearing where: 1) defendant is barred from a collateral attack on his deportation order since the alleged violation did not make the deportation order fundamentally unfair; and 2) relief under INA section 212(c) is not available to any alien whose removal proceeding began after repeal except those who affirmatively abandoned rights or admitted guilt in reliance on section 212(c) relief, and defendant did not demonstrate such affirmative reliance.

Appellate Information

• Argued 01/29/2008
• Decided 03/13/2008
• Published 03/13/2008

Judges

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

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• David Reinhard (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee., William R. Jones (argued), Jones Law Firm, Madison, WI, for Defendant-Appellant.