LexisNexis® Legal Newsroom
CA3 on 'relating to a controlled substance' - Borrome v. Attorney General

"We hold that (1) a conviction for violating the FDCA’s wholesale distribution provisions, see 21 U.S.C. §§ 331(t) & 353(e)(2)(A), is not an “aggravated felony” — specifically “illicit trafficking in a controlled substance (as defined in section 802 of...

CA3 on CAT, Jamaica: Roye v. Atty. Gen.

"Roye asserts that he is entitled to deferral of removal under the United Nations Convention Against Torture (“CAT”) because, if removed to his home country, he will likely be imprisoned and, with the consent or acquiescence of the Jamaican government, be subjected to torture by other...

CA3 on Exclusionary Rule: Oliva-Ramos v. Atty. Gen.

"Erick Oliva-Ramos petitions for review of an order of the Board of Immigration Appeals affirming an Immigration Judge‘s order removing him to Guatemala. He also seeks review of the BIA‘s denial of his motion to supplement the record and to reopen his removal proceeding before an Immigration...

CA3 on Date of Admission: Hanif v. Atty. Gen. (Overruling Matter of Koljenovic)

"Petitioner Zaman Sattaur Hanif (“Hanif” or “Petitioner”) seeks review of the decision of the Board of Immigration Appeals (“BIA”) finding him statutorily ineligible for relief from removal under 8 U.S.C. § 1182(h). Applying the precedent of Matter of Koljenovic...

CA7 Joins CA3 on §1421(c) and §1429: Klene v. Napolitano

"The existence of overlapping proceedings does not diminish a district court’s power but does present a question on which the judge should exercise sound discretion. A judge asked to enter a declaratory judgment that as a practical matter will dispose of some other case should consider whether...

David A. Isaacson on Shabaj v. Holder

" On January 15, 2013, the Court of Appeals for the Second Circuit issued a precedential decision in the case of Shabaj v. Holder , No. 12-703. ... The jurisdiction of the Second Circuit includes New York, Connecticut, and Vermont, while the jurisdiction of the Third Circuit includes New Jersey...

CA3 on Preemption: Lozano v. City of Hazleton

"This case is before us on remand from the United States Supreme Court. The City of Hazleton previously appealed the District Court‟s judgment permanently enjoining enforcement of two Hazleton ordinances that attempt to prohibit employment of unauthorized aliens and preclude them from renting housing...

CA3 on 'Relating to a Controlled Substance' - Rojas v. Attorney General (En Banc)

"Petitioner Ramiro Rojas entered the United States as a lawful permanent resident in 2003 when he was 12 years old. Six years later, Rojas pled guilty to possessing drug paraphernalia in violation of Pennsylvania law and was ordered to pay a fine and court costs. The Department of Homeland Security...

CA3 on Definition of 'Crime' in INA: Castillo v. Atty. Gen. (Castillo II)

"This immigration matter has already been before this Court once before on a petition for review. Bernardo Castillo previously petitioned for review of a decision of the Board of Immigration Appeals (“BIA”), which dismissed his appeal from an order of the Immigration Judge (“IJ”...

CA3 on Conviction, Finality, Ozkok:Orabi v. Atty. Gen.

"We are therefore convinced that the principle announced and held in Ozkok – that “a conviction does not attain a sufficient degree of finality for immigration purposes until direct appellate review of the conviction has been exhausted or waived” – is “is alive and...

CA3 Upholds 2011 H-2B Wage Rule: Louisiana Forestry v. DOL

"Appellants, a group of associations representing employers in non-agricultural industries, claim that the Department of Labor exceeded its authority by enacting a regulation governing the calculation of the minimum wage a U.S. employer must offer in order to recruit foreign workers under the H...

Third Circuit Upholds Labor H-2B Regulations & Confuses Agency Rulemaking Jurisdiction

"The United States Court of Appeals for the Third Circuit recently upheld the Department of Labor (DOL) promulgation of regulations governing the calculation of the minimum wage a United States employer must offer to recruit non-agricultural foreign workers under the Department of Homeland Security...

CA3 on Categorical Approach: Bautista v. Attorney General

"We will grant the petition because the New York attempted arson conviction is not an aggravated felony in respect to collateral immigration consequences under the INA. Applying the categorical approach, as we must, the New York statute under which Bautista was convicted does not match the elements...

CA3: ICE Detainers Are Not Mandatory - Galarza v. Szalczyk

"Ernesto Galarza is a U.S. citizen who was arrested for a drug offense, posted bail, and instead of being released, was held in custody by Lehigh County under an immigration detainer issued by federal immigration officials. Three days after Galarza posted bail, immigration officials learned that...

CA3 on Meaningful Consideration of Evidence by BIA: Zhu v. Attorney General

"Because the BIA’s opinion did not reflect meaningful consideration of much of the evidence that Zhu submitted in support of her motion, we will grant the petition for review, vacate the order denying the motion to reopen, and remand to the BIA for further proceedings." - Zhu v. Attorney...

CA3 on the Smuggling Bar: Parra-Rojas v. Attorney General

"Petitioner Carlos Parra-Rojas was convicted of Bringing In or Harboring Aliens for Financial Gain, in violation of section 274(a)(2)(B)(ii) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1324(a)(2)(B)(ii) and 18 U.S.C. § 2. Petitioner subsequently applied for adjustment of status...

CA3 on Justiciability, CIMT: Mayorga v. Atty. Gen.

"[W]e hold that Mayorga would suffer a serious adverse consequence if his crime of conviction were found to categorically be a CIMT, and that his challenge to the IJ’s CIMT ruling is therefore justiciable. We further hold that the IJ and the BIA were incorrect in finding that Mayorga’s...

CA3 on CIMT: Hernandez-Cruz v. Attorney General

"Hernandez-Cruz argues that his Pennsylvania conviction for child endangerment does not constitute a crime involving moral turpitude (“CIMT”) because his statute of conviction “may be violated without implicating conduct that the Board . . . has defined as - inherently base, vile...

CA3 on CIMT: Mahn v. Attorney General

"Emmanuel Mahn petitions for review of his final order of removal and contends that his Pennsylvania conviction for reckless endangerment is not a crime involving moral turpitude (“CIMT”). Applying the categorical approach, we conclude that the least culpable conduct punishable under...

CA3 Vacates H-2B Private Wage Survey Regulation: CATA III

"We therefore act now to grant plaintiffs’ vacatur request of 20 C.F.R. § 655.10(f) and the 2009 Wage Guidance. We hold both provisions to be arbitrary and capricious and in violation of the APA. We direct that private surveys no longer be used in determining the mean rate of wage for...

CA3 on Religious Worker Visa Regulation: Shalom Pentecostal Church v. DHS

"The Third Circuit on Tuesday upheld a New Jersey federal judge's order striking down a regulation by the U.S. Citizenship and Immigration Service requiring religious worker visa applicants to be performing such work only while legally authorized, saying the rule exceeded the agency's authority...

CA3 on Mandatory Detention, Habeas: Chavez-Alvarez v. Warden

"Chavez-Alvarez appeals the District Court’s denial of his petition for a writ of habeas corpus. He contends that the Government is violating his right to due process by detaining him, pursuant to 8 U.S.C. §1226(c), without a bond hearing since June 5, 2012. We will reverse the District...

Double Win for Shagin, Burch: CA3 Remands Chavez-Alvarez, Orders Bond Hearing; Gov't Position 'Scarcely Passes the Laugh Test'

Tremendous victories for Valerie Burch and Craig Shagin ! Hats way off! 1. "Jose Juan Chavez-Alvarez petitions the Court for review of a decision of the Board of Immigration Appeals (BIA) [ Matter of Chavez-Alvarez, 26 I&N Dec. 274 (BIA 2014) ], which affirmed the determination of the Immigration...

CA3 Orders ICE to Find and Return Deported Mother and Daughter from Guatemala

"U.S. Court of Appeals judge has ordered* U.S. officials to intercept a mother and her 12-year-old daughter on plane Friday being deported to Guatemala and immediately return them to the United States. The 34-year-old mother, Ana, and her daughter were woken up at 3 a.m. Eastern Daylight Time...

New CA3 Standing Order: Stays of Removal Pending Disposition of Motion for Stay

Wednesday, August 5, 2015 - Standing Order Regarding Stays in Immigration Cases