D-K, 25 I. & N. Dec. 761

Respondent is a Macedonian refugee who entered the U.S. in 1998.
He applied for adjustment of status in 2005; application denied in 2006 for missing criminal-history documentation.
Respondent was convicted in 2009 for distribution of cocaine near a school.
DHS issued a notice to appear in 2010 alleging removability under §237(a)(2)(A)(iii) based on an aggravated‑felony conviction.
DHS later filed I‑261 inadmissibility charges under §212(a)(2) after withdrawing the earlier §237 charge; IJ found removability and denied relief; appeal followed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
May removal proceedings be initiated without a DHS inadmissibility determination for a refugee	Garcia-Alzugaray requires inadmissibility finding first	Smriko/Kaganovich permit removal proceedings without prior inadmissibility	Yes; proceedings valid without prior inadmissibility finding
What grounds govern the charges against a refugee admitted to the U.S.	Charges should be under inadmissibility §212	DHS argued §212 inadmissibility is appropriate	Charges must be under deportability §237, not §212
Remedy for improper charge and removal determinations	IJ misaddressed removability due to improper charge	Record supports further proceedings	Remand to amend notice and address removability and relief

Matter of Garcia-Alzugaray, 19 I&N Dec. 407 (BIA 1986) (inadmissibility prerequisite questioned; refugee proceedings scale/backdrop)
Matter of Smriko, 23 I&N Dec. 836 (BIA 2005) (refugee may be placed in removal proceedings without refugee status termination)
Kaganovich v. Gonzales, 470 F.3d 894 (9th Cir. 2006) (refugee with PR status; limits on inadmissibility arguments in removal)
Matter of Jean, 23 I&N Dec. 373 (A.G. 2002) (discussion of conditional refugee admission and inspection)
Matter of Alyazji, 25 I&N Dec. 397 (BIA 2011) (two admissions concept after adjustment)
Matter of Sesay, 25 I&N Dec. 431 (BIA 2011) (fiancé visa admission and later adjustment as deportability)