Valere v. Gonzales, 473 F.3d 757 (7th Cir. Jan. 11, 2007)(petition for review denied where there is no statutory counterpart for petitioner's crime of indecent assault on a child, so he was not similarly situated to an inadmissible, returning alien who is eligible to apply for relief under former INA 212(c), thus there is no violation of equal protection).
http://caselaw.lp.findlaw.com/data2/circs/7th/052968p.pdf



Note: the court noted many times that the issues in this case were not clearly presented, and argued that the comparable grounds rule did not apply for any ground of deportation (rather than just arguing an exception for aggravated felonies). There may still be an opportunity for counsel to bring a challenge to Blake on grounds other than those discussed in this case.

jurisdiction: 
Seventh Circuit

 

TRANSLATE