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KORYTNYUK v. ASHCROFT

No. 03-1537, 03-4677.

396 F.3d 272 (2005)

Mykhailo Stepanovich KORYTNYUK, Petitioner v. John ASHCROFT, Attorney General of the United States; U.S. Department of Justice Immigration and Naturalization Service, Respondents Mykhailo Stepanovich Korytnyuk, Petitioner v. John Ashcroft, Attorney General of the United States, Respondent.

United States Court of Appeals, Third Circuit.

Filed January 25, 2005.

Attorney(s) appearing for the Case

Lawrence H. Rudnick, (Argued), Steel, Rudnick & Ruben, Philadelphia, PA, for Petitioner.

Peter D. Keisler, Assistant Attorney General, Civil Division, David V. Bernal, Assistant Director, Barry J. Pettinato (Argued), Senior Litigation, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent.

Before RENDELL, FUENTES and SMITH, Circuit Judges.

SMITH, Circuit Judge.

This immigration case presents two questions of law: (1) whether we have jurisdiction over certain discretionary denials by the Board of Immigration Appeals of motions to remand under the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and (2) the appropriate standard of review for questions of fact where the Board of Immigration Appeals ("BIA" or "Board") denies a motion to remand in an exercise...

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