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MERLAN v. HOLDER

No. 11-20366 Summary Calendar.

667 F.3d 538 (2011)

Sixtos MERLAN, Petitioner-Appellant, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 6, 2011.

Attorney(s) appearing for the Case

Roberto M. Hinojosa , Houston, TX, for Petitioner-Appellant.

Bradley Bruce Banias , Trial Atty., U.S. Dept. of Justice, OIL, Washington, DC, for Respondent-Appellee.

Before HIGGINBOTHAM, DAVIS and ELROD, Circuit Judges.

PER CURIAM:

Sixtos Merlan, a native and citizen of Mexico, appeals the district court's dismissal for lack of subject matter jurisdiction of his 28 U.S.C. § 2241 habeas petition challenging the removal order resulting in his deportation to Mexico. Merlan argues that he is "in custody" within the meaning of § 2241 because he is being restrained from returning to the United States despite his wrongful removal. The...

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