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KUSCHCHAK v. ASHCROFT

No. 03-1103.

366 F.3d 597 (2004)

Yaroslav P. KUSCHCHAK, Petitioner, v. John D. ASHCROFT, United States Attorney General, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided May 3, 2004.

Attorney(s) appearing for the Case

Royal F. Berg (argued), Chicago, IL, for Petitioner.

George P. Katsivalis, Department of Homeland Security, Office of the District Counsel, Chicago, IL, Rena Curtis (argued), Department of Justice, Civil Division, Immigration Litigation, John D. Ashcroft, Department of Justice, Washington, DC, for Respondent.

Before FLAUM, Chief Judge, and POSNER and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

Petitioner Yaroslav Kuschchak seeks review of an adverse decision of the Board of Immigration Appeals (the "BIA" or "Board") that deemed his application for asylum abandoned. For the reasons set forth in the following opinion, we deny the petition and affirm the decision of the BIA.

I

BACKGROUND

A. Facts

Mr. Kuschchak is a native of the former Soviet Union and a citizen of the Ukraine Republic. He arrived...

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