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KAGANOVICH v. GONZALES

No. 04-70625.

470 F.3d 894 (2006)

Vitaliy Semenovich KAGANOVICH, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed December 12, 2006.

Attorney(s) appearing for the Case

Jonathan D. Montag, Montag & Nadalin LLP, San Diego, CA, for the petitioner.

John D. Williams, Trial Attorney, and Terri J. Scadron, Assistant Director, Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for the respondent.

Before: CUDAHY, GRABER, and IKUTA, Circuit Judges.

GRABER, Circuit Judge:

Petitioner Vitaliy Semenovich Kaganovich seeks review of the Board of Immigration Appeals' ("BIA") order of removal and denial of his claims for relief. In this opinion,1 we address the question whether an alien who arrives in the United States as a refugee pursuant to 8 U.S.C. § 1157 may be removed, even if his refugee status has never been terminated pursuant to 8

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