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STOLAJ v. HOLDER

No. 08-3858.

577 F.3d 651 (2009)

Aleksander STOLAJ; Diella Stolaj, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 19, 2009.

Attorney(s) appearing for the Case

ARGUED: Andrea J. Ferrara, Law Offices of Andrea J. Ferrara, Eastpointe, Michigan, for Petitioners. James E. Grimes, United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Andrea J. Ferrara, Law Offices of Andrea J. Ferrara, Eastpointe, Michigan, for Petitioners. James E. Grimes, United States Department of Justice, Washington, D.C., for Respondent.

ROGERS, J., delivered the opinion of the court, in which THAPAR, D. J., joined. MOORE, J. (pp. 659-60), delivered a separate opinion concurring in part and concurring in the judgment.

OPINION

ROGERS, Circuit Judge.

Aleksander and Diella Stolaj, citizens of Albania, petition for review of the decision of the Board of Immigration Appeals that affirmed the Immigration Judge's removal order. The IJ found the Stolajs removable due to fraud in their asylum applications and because they had no valid entry documents at the time of their adjustment of status. Contrary to the Stolajs' arguments, the five-year statute of limitations on rescission...

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