Saladin Abdel Jawad v. ERIC H. HOLDER, JR., Attorney General of the United States

11-3142Court of Appeals for the Seventh Circuit30 ago 2012

Testo completo

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
August 30, 2012
Before
DIANE P. WOOD, Circuit Judge
ANN CLAIRE WILLIAMS, Circuit Judge
JOHN DANIEL TINDER, Circuit Judge
No. 11‐3142
SALADIN ABDEL JAWAD,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General
of the United States,
Respondent.
Petition for Review of a Final Order of
the Board of Immigration Appeals
No. A076 785 120.
O R D E R
On consideration of the Petition for Rehearing filed by the Petitioner on August 24,
2012, all members of the original panel have voted to deny the petition.
In his petition for rehearing, Jawad asserts that the proper period for evaluating the
question of good moral character is the 10 years preceding the adjudication of an application
for cancellation of removal, not the 10 years immediately preceding the service of the charging
documents, as page 7, line 3 of the opinion in this case says. Jawad is correct. The error in the
opinion is, however, harmless. Jawadʹs marriage fraud continued through his testimony before
the Immigration Judge and the adjudication of the request for cancellation of removal, and so
in his case it does not matter which period is used. In addition, Jawad did not raise this point

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No. 11-3142 Page 2
in his petition for review, and so that was not an issue before the panel.
We therefore order that the carryover sentence from the bottom of page 6 to the top of
page 7 be stricken, and that it be replaced with the following one:
Similarly, Jawadʹs request for cancellation of removal under § 249A(b) required
the IJ to determine whether Jawad ʺhas been a person of good moral characterʺ
during the 10 years immediately preceding the adjudication of his application
for cancellation of removal.
With that change, the petition for rehearing is D ENIED.

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