Vitaliy Semenovich Kaganovich v. Alberto R. Gonzales, Attorney General

Petitioner Vitaliy Semenovich Kagano-vich seeks review of the Board of Immigration Appeals’ (“BIA”) order of removal and denial of his claims for relief. In this opinion, we address the question whether an alien who arrives in the United States as a refugee pursuant to 8 U.S.C. § 1157 may be removed, even if his refugee status has never been terminated pursuant to 8 U.S.C. § 1157(c)(4). We conclude that the answer is “yes.”

FACTUAL AND PROCEDURAL BACKGROUND

In the early 1990s, Petitioner applied for refugee status while living in Ukraine, his home country. His application was accepted, and Petitioner arrived in the United States as a refugee in 1994. After residing in the United States for one year, Petitioner became a lawful permanent resident pursuant to 8 U.S.C. § 1159 (a).

In early 2001, Petitioner was stopped at the San Ysidro port of entry on the Mexico-United States border by United States border patrol officers, as he attempted to drive from Mexico back into the United States. The passenger in Petitioner’s car was a Ukrainian citizen who presented false documentation to the border patrol. Petitioner was charged with inadmissibility for alien smuggling, under 8 U.S.C. §…