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MEJIA-PEREZ v. GONZALES

No. 06-2033.

490 F.3d 1011 (2007)

Margarito MEJIA-PEREZ, Petitioner, v. Alberto GONZALES, Attorney General of the United States; Michael Chertoff, Secretary of Department of Homeland Security, Respondents.

United States Court of Appeals, Eighth Circuit.

Filed: July 25, 2007.

Attorney(s) appearing for the Case

Counsel who represented the petitioner was Sandrine Lisk of Wichita, KS.

Counsel who represented the respondent was Mary Jo Madigan, AUSA, of Minneapolis, MN.

Before MURPHY, BOWMAN, and SHEPHERD, Circuit Judges.

BOWMAN, Circuit Judge.

Margarito Mejia-Perez filed a Request for Asylum with the Immigration and Naturalization Service (INS) (now the Department of Homeland Security (DHS)) on October 12, 1994. The INS did not act on the application until October 20, 2003, when it served Mejia-Perez with a Notice to Appear charging him with inadmissibility. The DHS conducted a removal hearing on January 27, 2005, and on that date, the Immigration...

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