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ILCHUK v. ATTORNEY GENERAL OF U.S.

No. 04-3094.

434 F.3d 618 (2006)

Ruslan I. ILCHUK, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent.

United States Court of Appeals, Third Circuit.

Filed January 17, 2006.

Attorney(s) appearing for the Case

Tatiana S. Aristova, (Argued), Law Offices of John J. Gallagher, Philadelphia, PA, for Petitioner.

Peter D. Keisler, Assistant Attorney General, Civil Division, Emily A. Radford, Assistant Director, Linda S. Wernery, Aviva L. Poczter, Blair T. O'Connor, William C. Peachey, United States Department of Justice, Office of Immigration Litigation, Washington, DC, Eric D. Miller, (Argued), United States Department of Justice, Civil Rights Division, Washington, DC, for Respondent.

Before ALITO and AMBRO, Circuit Judges, and RESTANI, Judge.

RESTANI, Judge.

Ruslan Ivanovich Ilchuk ("Petitioner") challenges the decision of the Department of Homeland Security ("DHS") Board of Immigration Appeals ("BIA") upholding the determination of the Immigration Judge ("IJ") that Petitioner is subject to removal from the United States, but reversing the IJ's grant of withholding of removal. We conclude that the BIA did not err in holding Petitioner removable under 8 U.S.C. § 1227(a)(2)(A)(iii) (2000) (commission...

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