Negative 2-1 panel decision by Third Cir. on "widow penalty"

NYGAARD, Circuit Judge, dissenting: "As a result of the government?s fatally flawed interpretation of §1151(b), Osseritta Robinson will be removed from the United States, in spite of her full compliance with the INA, simply because the petition filed on her behalf by her deceased husband is stuck in the government?s bureaucracy. The government argues, and the majority agrees, that both the plain language of the statute and deference to their implementation of this provision dictate this result. I disagree for three reasons. First, I believe the plain language leads to a contrary result. Second, even were this definition ambiguous, I would not defer to the government?s interpretation. Third, I do not think that Chevron U.S.A., Inc. v. Natural Resources Defense Council, 467 U.S. 837 (1984) even applies." Robinson v. Napolitano, Feb. 2, 2009.