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MENDEZ-REYES v. ATTORNEY GENERAL OF U.S.

No. 04-4522.

428 F.3d 187 (2005)

Gilberto Mauel MENDEZ-REYES, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES, Respondent.

United States Court of Appeals, Third Circuit.

Filed November 1, 2005.

Attorney(s) appearing for the Case

Regis Fernandez, Newark, NJ, for Petitioner.

Mary Jane Candaux, Douglas E. Ginsburg, James E. Grimes, John M. McAdams, Jr., U.S. Department of Justice, Office of Immigration Litigation, Ben Franklin Station, Washington, DC, for Respondent.

Before SCIRICA, Chief Judge, VAN ANTWERPEN and ALDISERT, Circuit Judges.

Submitted Pursuant to Third Circuit LAR 34.1(a) October 20, 2005.

VAN ANTWERPEN, Circuit Judge.

Only a brief recitation of the relevant facts is necessary in this case. Petitioner Gilberto Mendez-Reyes ("Petitioner"), a citizen of Mexico, claims that he has been residing in the United States since 1985. He also claims that he took a brief trip to Mexico in May, 1998. Upon arriving on an international flight at Newark Airport on May 16, 1998, he was encountered...

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