Court of Appeals for the Sixth Circuit July 30, 2004, 10-6081 (Yuri Harchenko, Oleksandr Harchenko, and Tetiana Harchenko v. Immigration and Naturalization Service John Ashcroft, Attorney General)

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OPINION

GIBBONS, Circuit Judge.

Petitioner Yuri Harchenko appeals from the decision of the Board of Immigration Appeals (“BIA”) denying his emergency motion to reopen, or in the alternative, to reinstate voluntary departure. Harchen-ko’s initial petition for asylum was denied after a hearing on the merits on August 19, 1997.