TANOV v. I.N.S., U.S. DEPT. OF JUSTICE

Docket No. 03-4321.

443 F.3d 195 (2006)

Boyko TANOV, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, UNITED STATES DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Second Circuit.

Decided: April 4, 2006.


Attorney(s) appearing for the Case

Neil Afran (H. Raymond Fasano, Marianne Artusio on the brief), Huntington, New York, for Petitioner-Appellant.

Kirti Vaidya Reddy, Assistant United States Attorney, (Michael J. Garcia, United States Attorney for the Southern District of New York, Sara L. Shudofsky, Assistant United States Attorney, on the brief), New York, New York, for Respondent-Appellee.

Before: MESKILL, POOLER, and HALL, Circuit Judges.


HALL, Circuit Judge.

Boyko Tanov ("Petitioner") arrived in the United States on May 25, 1990, conceded excludability through counsel, and was placed in exclusion proceedings. In a 1991 decision an immigration judge ("IJ") found Petitioner excludable from the United States, but granted his application for asylum and withholding of deportation. The Immigration and Naturalization Service ("INS") appealed, and the Board of Immigration Appeals ("BIA") reversed the IJ's...

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