Legal Opinion

Octavio Tapia v. John Ashcroft, Attorney General of the United States, 1

Court of Appeals for the Seventh Circuit

Decided December 16, 2003No. 02-2827PublishedCited by 15 opinions

1Opinion of the Court

WILLIAMS, Circuit Judge.

Octavio Tapia is a Mexican citizen who overstayed his deadline as a pleasure visitor and was ordered deported in absentia. After his case was reopened and he conceded deportability, an immigration judge (IJ) denied his request for suspension of deportation by finding that he was ineligible for such relief because he had not been present in the United States for seven consecutive years. Tapia appealed to the Board of Immigration Appeals (BIA), which affirmed without opinion. On appeal, he challenges the service of the Order to Show Cause (OSC) and whether he is…

2Cases cited9 opinions

  1. Rosenberg v. FleutiSupreme Court of the United States · 1963
  2. Zebenework Haile Georgis v. John Ashcroft, United States Attorney GeneralCourt of Appeals for the Seventh Circuit · 2003
  3. Daniela M. Ciorba v. John D. Ashcroft, 1Court of Appeals for the Seventh Circuit · 2003
  4. COLLADOBoard of Immigration Appeals · 1998
  5. Tahir Useinovic v. Immigration and Naturalization ServiceCourt of Appeals for the Seventh Circuit · 2002

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3Cited by15 opinions

  1. Celia Morales-Morales v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Seventh Circuit · 2004
  2. Malagon De Fuentes v. GonzalesCourt of Appeals for the Fifth Circuit · 2006
  3. Gurpinder Othi v. Eric Holder, Jr.Court of Appeals for the Fourth Circuit · 2013
  4. Peralta v. GonzalesCourt of Appeals for the First Circuit · 2006
  5. Fernando Mendiola-Sanchez Mario Mendiola-Araujo v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004

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