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SMRIKO v. ASHCROFT

No. 03-1085.

387 F.3d 279 (2004)

Sejid SMRIKO Petitioner v. John ASHCROFT, Attorney General of the United States Respondent.

United States Court of Appeals, Third Circuit.

Filed October 26, 2004.

Attorney(s) appearing for the Case

James G. Gavin (Argued), Burlington, NJ, for Petitioner.

Peter D. Keisler, Anthony Wray Norwood, Earle B. Wilson, Michael P. Lindemann, John D. Williams, Terri J. Scadron (Argued), U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent.

Before RENDELL, STAPLETON and LAY, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge.

Sejid Smriko was a lawful permanent resident of the United States for less than five years when he committed a crime involving moral turpitude that, under 8 U.S.C. § 1227(a)(2)(A)(i), subjects one to deportation. Smriko was admitted to the United States, however, with "refugee status," pursuant to a section of the Immigration and Nationality Act ("INA")...

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