Smriko v. Ashcroft, 387 F.3d 279, 281 (3d Cir. Oct. 26, 2004) (lawful permanent resident based on asylee status argued that his asylee status had to be terminated before he could be placed in removal proceedings; court stated this argument "is consistent with the text and some of the legislative history of the INA," and remanded the case to the Board of Immigration Appeals for a decision).