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BHARGAVA v. ATTORNEY GENERAL OF U.S.

No. 08-3348.

611 F.3d 168 (2010)

Kumar BHARGAVA, Petitioner v. ATTORNEY GENERAL OF the UNITED STATES, Respondent.

United States Court of Appeals, Third Circuit.

Opinion Filed July 1, 2010.

Attorney(s) appearing for the Case

Michael S. Henry, Esq., Philadelphia, PA, for Petitioner.

Richard M. Evans, Esq., Thomas W. Hussey, Esq., Christina B. Parascandola, Esq., Joan E. Smiley, Esq., United States Department of Justice, Office of Immigration Litigation, Civil Division, Washington, DC, for Respondent.

Before BARRY, ROTH, Circuit Judges and DALZELL, District Judge.

OPINION OF THE COURT

BARRY, Circuit Judge.

8 C.F.R. § 208.24(a)(1) provides that "an asylum officer may terminate a grant of asylum made under the jurisdiction of an asylum officer or a district director if following an interview, the asylum officer determines that . . . [t]here is a showing of fraud in the alien's application such that [the alien] was not eligible for asylum at the time it was granted." That regulation, however, is silent with respect...

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