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MENDIS v. FILIP

Docket No. 07-5768-ag.

554 F.3d 335 (2009)

Balapuwaduge Shantha MENDIS, Petitioner, v. Mark FILIP, Acting U.S. Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: January 30, 2009.

Attorney(s) appearing for the Case

Benjamin B. Xue, Law Offices of Benjamin B. Xue, P.C., New York, NY, for Petitioner.

Kelly J. Walls, Office of Immigration Litigation, United States Department of Justice (Jeffrey S. Bucholtz, Acting Assistant Attorney General; James E. Grimes, Senior Litigation Counsel, on the brief), Washington, DC, for Respondent.

Before: JACOBS, Chief Judge, MINER and SOTOMAYOR, Circuit Judges.

SOTOMAYOR, Circuit Judge:

Petitioner Balapuwaduge Shantha Mendis petitions for review of the November 28, 2007 decision and order of the Board of Immigration Appeals ("BIA"), dismissing his appeal of the April 5, 2006 decision of Immigration Judge ("IJ") Paul A. DeFonzo, ordering Mendis removed to the United Kingdom. Mendis argues that he cannot be removed to the United Kingdom under 8 U.S.C. § 1231(b)(2), because he was in the United Kingdom for only a few hours...

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