United States Sixth Circuit

In a petition for review of the BIA's order removing petitioners from the U.S., the petition is denied where: 1) the five-year statute of limitations on rescission proceedings did not bar the government from initiating removal proceedings based on petitioners' fraud in their asylum applications; 2) the Immigration Judge did not err in allowing the government to initiate removal proceedings without first seeking to revoke petitioners' asylee status; and 3) the IJ properly denied their motion to subpoena material witnesses.

Appellate Information

• Decided 08/19/2009
• Published 08/19/2009

Judges

• Before:  MOORE and ROGERS, Circuit Judges;  THAPAR, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Andrea J. Ferrara, Law Offices of Andrea J. Ferrara, Eastpointe, Michigan, for Petitioners.  James E. Grimes, United States Department of Justice, Washington, D.C., for Respondent.   ON BRIEF:  Andrea J. Ferrara, Law Offices of Andrea J. Ferrara, Eastpointe, Michigan, for Petitioners.  James E. Grimes, United States Department of Justice, Washington, D.C., for Respondent.