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ALEKSANDER STOLAJ; DIELLA STOLAJ, Petitioners, v. ERIC H. HOLDER, JR., Attorney General, Respondent. |
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On Petition for Review of an Order
of the Board of Immigration Appeals.
Nos. A73 624 851; A73 624 852.
Argued: August 4, 2009
Decided and Filed: August 19, 2009
Before: MOORE and ROGERS, Circuit Judges; THAPAR, District Judge.
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 proceedings did not bar the Government from initiating removal proceedings based on the Stolajs’ fraud. In addition, the IJ did not err in allowing the Government to initiate removal proceedings without first seeking to revoke the Stolajs’ asylee status, and the IJ properly denied the Stolajs’ motion to subpoena material witnesses. Because the decisions of the IJ and the BIA are supported by substantial evidence and are not manifestly contrary to the law, they must be upheld.