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ROMANISHYN v. ATTORNEY GENERAL OF U.S.

No. 05-3141.

455 F.3d 175 (2006)

Vasiliy Ostapovich ROMANISHYN, Petitioner, v. ATTORNEY GENERAL OF the UNITED STATES, Respondent.

United States Court of Appeals, Third Circuit.

Filed July 20, 2006.

Attorney(s) appearing for the Case

Craig R. Shagin, Esq., [Argued], The Shagin Law Group LLC, Harrisburg, PA, Attorney for Petitioner.

Thomas A. Marino, Esq., Daryl F. Bloom, Esq., [Argued], United States Attorney's Office, Middle District of Pennsylvania, Harrisburg, PA, Attorney for Respondent.

Before McKEE and GARTH, Circuit Judges, and LIFLAND, District Judge.

GARTH, Circuit Judge.

Does the Immigration and Nationality Act ("INA") allow an alien who entered the country as a refugee, and subsequently adjusted his status to become a lawful permanent resident ("LPR"), to be placed in removal proceedings although the Attorney General never terminated his refugee status pursuant to 8 U.S.C. § 1157(c)(4)? We conclude that it does.

Because we answer that question in the affirmative — and because we conclude...

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