In a petition for review of the BIA's order removing petitioners from the U.S., the petition is denied where: 1) the five-year statute of limitations on rescission proceedings did not bar the government from initiating removal proceedings based on petitioners' fraud in their asylum applications; 2) the Immigration Judge did not err in allowing the government to initiate removal proceedings without first seeking to revoke petitioners' asylee status; and 3) the IJ properly denied their motion to subpoena material witnesses.
Argued: August 4, 2009
Decided and Filed: August 19, 2009
Opinion by Judge Rogers
Concurrence by Judge Moore
James E. Grimes, United States Department of Justice, Washington, DC