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In Eke v. Mukasey, a non-attorney immigration officer entered an “administrative removal” order finding that the client’s fraud conviction was an aggravated felony.  In fact, the legal question of whether the conviction is an aggravated felony was very complex.  The Seventh Circuit considered our arguments that the crime was not an aggravated felony, finding that they were not untimely, and declining to find that the client had waived the claims while pro se; but on the merits, the Court decided that the fraud conviction was an aggravated felony.

Read the Seventh Circuit Court of Appeals opinion, F.3d 372 (7th Cir. 2008).

Read the opening brief, government response, and reply brief.