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Third Circuit

2013 - 2012 | 2011 | 2010 - 2009 | 2008 | 2007 | 2006 | 2005 | 2004 | 2003 - 1998

  • CA3 Finds Smuggling Bar Does not Apply to Petitioner’s Conduct(577 KB - 4/1/2014)
    The court reversed and remanded, finding that since petitioner’s conviction was based on transporting noncitizens when they were already in the U.S. and no conduct related to assisting their entry, the § 212(a)(6)(E)(i) smuggling bar did not apply. (Parra-Rojas v. Att'y Gen., 3/26/14)
    AILA Doc. No. 14040141.
  • CA3 Finds BIA Did Not Meaningfully Review New Evidence in Chinese Asylum Case(520 KB - 3/6/2014)
    The court vacated the order denying the motion to reopen and remanded, finding that the BIA’s opinion did not reflect meaningful consideration of much of the evidence the petitioner submitted in support of her motion relating to forced sterilization in China. (Zhu v. Att’y Gen., 3/4/14)
    AILA Doc. No. 14030654.
  • CA3 Finds Immigration Detainers Do Not Compel Local LEAs to Detain Suspected Noncitizens(762 KB - 3/4/2014)
    The court vacated and remanded, concluding that immigration detainers issued pursuant to 8 CFR §287.7 do not compel state or local law enforcement agencies (LEAs) to detain suspected noncitizens subject to removal pending release to immigration officials. (Galarza v. Szalczyk, 3/4/14)
    AILA Doc. No. 14030447.
  • CA3 Finds NY Attempted Arson Is Not an Aggravated Felony(12424 KB - 2/28/2014)
    The court vacated the BIA’s decision and remanded, finding that the absence of the federal jurisdictional element in the New York arson statute exempts it from the INA §101(a)(43)(E)(i) definition of an aggravated felony. (Bautista v. v. Att’y Gen., 2/28/14)
    AILA Doc. No. 14022855.
  • CA3 Upholds Validity of 2011 H-2B Prevailing Wage Regulation(507 KB - 2/6/2014)
    The court affirmed the district court’s decision that the January 19, 2011 H-2B final wage rule, which eliminated the four-tier wage methodology in favor of a mean OES wage, was lawfully promulgated by DOL and did not violate the APA or INA. (Louisiana Forestry Assoc. v. DOL Sec’y, 2/5/14)
    AILA Doc. No. 14020647.
  • CA3 on Finality of Conviction for Immigration Purposes(751 KB - 1/3/2014)
    The court reversed the decision of the IJ and BIA, holding 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. (Orabi v. v. Att’y Gen., 1/2/14)
    AILA Doc. No. 14010340.