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HARCHENKO v. I.N.S.

No. 02-3971.

379 F.3d 405 (2004)

Yuri HARCHENKO, Oleksandr Harchenko, and Tetiana Harchenko, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE; John Ashcroft, Attorney General, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed July 30, 2004.

Attorney(s) appearing for the Case

Richard T. Herman (briefed), Cleveland, OH, for Petitioners.

Audrey B. Hemesath (briefed), Office of Immigration Litigation, U.S. Department of Justice, Washington, DC, for Respondent Immigration and Naturalization Service.

Before: SILER and GIBBONS, Circuit Judges; REEVES, District Judge.

OPINION

GIBBONS, Circuit Judge.

Petitioner Yuri Harchenko appeals from the decision of the Board of Immigration Appeals ("BIA") denying his emergency motion to reopen, or in the alternative, to reinstate voluntary departure. Harchenko's initial petition for asylum was denied after a hearing on the merits on August 19, 1997. The Immigration Judge ("IJ") granted voluntary departure and Harchenko appealed the denial...

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