Stolaj v. Holder, No. 08-3858

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.

Read Stolaj v. Holder, No. 08-3858

Appellate Information

Argued: August 4, 2009

Decided and Filed: August 19, 2009

Judges

Opinion by Judge Rogers

Concurrence by Judge Moore

Counsel

For Petitioners:

Andrea J. Ferrara, Law Offices of Andrea J. Ferrara, Eastpointe, MI

For Respondent:

James E. Grimes, United States Department of Justice, Washington, DC