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GAMBASHIDZE v. ASHCROFT

No. 03-2218.

381 F.3d 187 (2004)

Besik GAMBASHIDZE; Anna Bzvaneli; Anna Gambashidze; Nikoloz Gambashidze; Zurab Gambashidze; Beka Gambashidze, Petitioners v. John ASHCROFT, Attorney General of the United States.

United States Court of Appeals, Third Circuit.

August 26, 2004.

Attorney(s) appearing for the Case

Jon Landau (Argued), Erica S. Gonzalez, Baumann, DeSeve & Landau, Philadelphia, for Petitioners.

Peter Keisler, Assistant Attorney General, Civil Division, Emily A. Radford, Assistant Director, Linda S. Wernery, Allen W. Hausman, Senior Litigation Counsel, John D. Williams, United States Department of Justice, Office of Immigration Litigation, Washington, Jonathan Cohn (Argued), United States Department of Justice, Civil Division, Washington, for Respondent.

Before SLOVITER, FUENTES and BECKER, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

Besik Gambashidze, a native of the Republic of Georgia, petitions for review of a decision of the Board of Immigration Appeals (BIA) denying him withholding of removal. The applications of his wife, Anna, and their four children are dependent on his application. This case requires us to address for the first time a recently codified regulation, 8 C.F.R. § 208.16(b)(1)(i)(B), which controls how the possibility...

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