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United States Second Circuit


Shabaj v. Holder, 09-0558

In a petition for review of the BIA's order removing petitioner from the U.S., the petition is denied where petitioner's removal order was premised on his entry as an Italian national under the Visa Waiver Program, which waived any defense to removal other than asylum, and his removal was properly administered under that program.

Appellate Information

  • Argued 01/11/2010
  • Decided 04/12/2010
  • Published 04/12/2010

Judges

  • DENNIS JACOBS, Chief Judge:, Before: JACOBS, Chief Judge, SACK and HALL, Circuit Judges.

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • Michael P. Diraimondo (Marialania L. Masi, Stacy A. Huber on the brief), DiRaimondo & Masi, LLP, Melville, NY, for Petitioner.

  • For Appellees:
  • Andrew B. Insenga (Daniel E. Goldman, Tony West, on the brief), U.S. Department of Justice Office of Immigration Litigation, Washington, DC, for Respondent.
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