## Facts

- Sejid Smriko, a native and citizen of Bosnia and Herzegovina, was admitted to the United States as a refugee under INA § 207 in October 1994.
- He adjusted to lawful permanent resident (LPR) status in May 1996 under INA § 209.
- He was convicted of theft offenses in December 1996 and April 1999.
- The Department of Homeland Security initiated removal proceedings, charging him as removable under INA §§ 237(a)(2)(A)(i) and (ii) for crimes involving moral turpitude.
- An Immigration Judge found him removable and ordered removal to Bosnia and Herzegovina.
- The Board initially affirmed without opinion; the Court of Appeals remanded for the Board to address whether adjustment under INA § 209 ended or altered any continuing “refugee status” such that formal termination under INA § 207(c)(4) was required before removal.

## Issues

1. Whether removal proceedings may be commenced against a noncitizen admitted as a refugee under INA § 207 and later adjusted to LPR status under INA § 209 without first terminating refugee status under INA § 207(c)(4).
2. Whether adjusted refugees are subject to removal under INA § 237 based on criminal convictions despite no formal termination of refugee status.
3. Whether the 1951 Refugee Convention and 1967 Protocol bar removal in these circumstances.

## Decision

- The Board dismissed the appeal and left in place the removal order.
- Removal proceedings may be initiated against a refugee who adjusted to LPR status without prior termination of refugee status under INA § 207(c)(4).
- A refugee who adjusted to LPR status is subject to INA § 237 removal grounds, including crimes involving moral turpitude.
- The Board rejected reliance on the Refugee Convention and Protocol as a bar to removal where the INA supplies protection mechanisms and the respondent did not pursue protection-based relief.

## Legal Principles

- INA § 207(c)(4) is a limited termination provision aimed at cases where the person was not in fact a refugee at admission; it is not a prerequisite to charging removability under INA § 237 after adjustment.
- Adjustment under INA § 209 entails inspection and examination for admission as an immigrant, placing the adjusted person within the ordinary removal framework applicable to LPRs under INA § 237.
- INA §§ 237(a)(2)(A)(i) and (ii) apply broadly to “any alien” meeting their conditions and do not exempt refugees who have adjusted status.
- International refugee-law obligations are implemented domestically through statutory protection regimes (e.g., asylum and withholding of removal), rather than an absolute prohibition on instituting removal proceedings against adjusted refugees.

## Conclusion

The Board held that a noncitizen admitted as a refugee and later adjusted to LPR status may be placed in removal proceedings and removed under INA § 237 on applicable grounds without any prior formal termination of refugee status under INA § 207(c)(4).


Matter of Smriko, 23 I. & N. Dec. 836 (B.I.A. 2005)