Matter of D-K-, ID 3747, 25 I&N Dec. 761 (BIA 2012) - (1) An alien who is a refugee under section 207 of the Immigration and Nationality Act, 8U.S.C. § 1157 (2006), and has not adjusted status to that of a lawful permanent resident may be placed in removal proceedings without a prior determination by the Department of Homeland Security that the alien is inadmissible to the United States. Matter of Garcia-Alzugaray, 19 I&N Dec. 407 (BIA 1986), distinguished. (2) When removal proceedings are initiated against an alien who has been “admitted” to the United States as a refugee, the charges of removability must be under section 237 of the Act, 8 U.S.C. § 1227 (2006), rather than section 212 of the Act, 8 U.S.C. § 1182 (2006). - BIA, Apr. 12, 2012.