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Jorge Solis-Chavez v. Erich. Holder, Jr., Attorney General of the United States

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ARGUED OCTOBER 1, 2010

Before POSNER, KANNE, and SYKES, Circuit Judges.

Jorge Solis-Chavez is a native of Guatemala who has been a lawful permanent resident in the United States since 1980. In 2007 he faced removal as a result of a 1989 Illinois conviction for sexual abuse of a minor. He initially argued that he was not subject to removal because the judge who convicted and sentenced him issued a judicial recommendation against deportation (“JRAD”). If valid, a JRAD prohibits the De- partment of Homeland Security (“DHS”) from using a conviction as a basis for removing an alien. Here, the JRAD would have provided a complete defense to removal. But before the Immigration Judge (“IJ”) rendered a decision, Solis-Chavez’s attorney conceded, without consulting his client, that the JRAD was invalid because it was entered outside the 30-day post-sentencing window specified in the JRAD statute.

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