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Salvador v. Erich. Holder

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SUBMITTED AUGUST 17, 2012

Before EASTERBROOK, Chief Judge, and POSNER and ROVNER, Circuit Judges.

Salvador Tapia-Lemos entered the United States illegally in 1992. He was removed to Mexico in 1997 following his convictions for obstruction of justice and failing to report an accident (that is, being a hit-and-run driver). Tapia did not contest the allegation that he was removable on account of convictions for aggravated felonies-not to mention the fact that he never had a colorable claim of entitlement to be in the United States. Nor did he seek judicial review of the 1997 removal order. But he did re-enter this nation, again illegally (he crossed the border by stealth), was caught, was removed again, and came back a third time by stealth, just as illegally as before. In 2010 the Department of Homeland Security reinstated the 1997 removal order. See 8 U.S.C. §§ 1228(b), 1231(a)(5).

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