New York attorney Theodore N. Cox is hosting:
NOTICE OF CONFERENCE CALL with Catherine O'Hagan Wolfe, Clerk, Court of Appeals for the Second Circuit, concerning a new procedure for remanding pending cases for consideration of prosecutorial discretion. (Please carefully read the decision, excerpted below, prior to the call).
THE CONFERENCE CALL IS THIS THURSDAY, OCTOBER 25 AT 3 P.M. NEW YORK TIME
PLEASE CALL 712-432-3900.
ACCESS CODE: 826176 FOLLOWED BY #
FOR QUESTIONS ABOUT THIS CONFERENCE CALL SYSTEM, see:
The decision can be found at:
IN THE MATTER OF IMMIGRATION PETITIONS FOR REVIEW PENDING IN THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
Si is one of more than a thousand cases in our Court that are actually or potentially subject to a future decision by the Government as to whether it will or can remove petitioners if their petitions are denied. As we have previously observed, it is wasteful to commit judicial resources to immigration cases when circumstances suggest that, if the Government prevails, it is unlikely to promptly effect the petitioner's removal. This state of affairs undermines the Court's ability to "allocate effectively its limited resources and determine whether adjudication of the petition will be merely an empty exercise tantamount to issuing an advisory opinion." Ping Li v. Holder, No. 08-2917-ag (2d Cir. Sept. 22, 2009) (order to file supplemental memorandum).
* * *
In each case in which a certified record on appeal has been filed, the Court will issue an order tolling the upcoming event to be performed in the case for a 90-day period for the parties to determine whether remand to the BIA is appropriate in the case. At any time during the tolled period, either party may end the tolling and resume the appellate process by filing with the Clerk of Court a letter to that effect with service upon the adversary. Three business days after the date of the letter, time will begin to run for the next event that is due to occur in the case under the Federal Rules of Appellate Procedure or the Court's Local Rules.
At any time prior to the end of the tolled period, a petitioner may move under FRAP 42(b) to dismiss the petition and remand to the BIA. *
At the time a remand is ordered, the Clerk of Court will issue the mandate in compliance with the Federal Rules of Appellate Procedure, with the stated condition that either party may reinstate the case in this Court at any time by filing a letter to that effect with the Clerk of Court. No new petition for review or additional filing fee will be required to restore the Court's jurisdiction. If the Government decides to resume efforts to remove a petitioner, the Government will notify both the Court and Petitioner at least 21 days before removing Petitioner. Upon receipt of the notice, the Clerk of Court will reinstate the case.
In all pending immigration cases and, until further notice, in all subsequently filed immigration cases, the Clerk of Court is directed to issue an order consistent with this decision on a rolling basis commencing seven days from this date.