In Rad v. Att’y Gen. United States, the defendant appealed the Board of Immigration Appeals’ finding that his violations of the CAN-SPAM Act necessarily entailed deceit, and therefore satisfied the first element of an aggravated felony under 8 U.S.C. § 1101(a)(43)(M)(i). The 3rd Circuit held that, because the Act targets false statements made in contexts … Read more
Khan v. Att’y Gen. was an appeal of the Board of Immigration Appeals’ order, which denied Khan’s petition for cancellation of removal. The 3rd Circuit denied Khan’s petition to review the BIA’s order, holding that the post-conviction decriminalization of an offense does not prevent the “stop-time rule” from triggering at the time the offense was … Read more
In Martinez v. Att’y Gen., the 3rd Circuit employed the categorical approach in holding that the New Jersey state offense of criminal sexual contact, N.J.S.A. § 2C:14-3(b), constitutes sexual abuse of a minor, as defined in 8 U.S.C. § 1101(a)(43)(A). As a result, the New Jersey offense is an aggravated felony under the Immigration and Nationality Act.
In Larios v. Att’y Gen. the 3rd Circuit utilized the modified categorical approach and held that Larios’s conviction of terroristic threats in NJ state court was not a crime involving moral turpitude. The Board of Immigration Appeals erred by analyzing the issue with the categorical approach.
In Mirambeaux v. Att’y Gen., the Board of Immigration of Appeals ruled that the petitioner was convicted of an aggravated felony and thus ineligible for withholding of removal. The petitioner claimed a violation of his Due Process rights when the Immigration Judge denied a request for a continuance. The 3rd Circuit held that the claim … Read more
In Hernandez-Morales v. Att’y Gen., the 3rd Circuit held that Hernandez-Morales was “dressing up” discretionary rulings made by an immigration judge as well as the Board of Immigration Appeals as constitutional claims in order to merit review. However, the 3rd Circuit did not bite and held that it did not have jurisdiction to review the … Read more
In Tazu v. Att’y Gen. United States, the 3rd Circuit held that 8 U.S.C. §1252(g) stripped the district court of jurisdiction to hear a habeas petition in which the petitioner sought to stop the Attorney General from executing a valid removal order while the petitioner tried to reopen his removal proceedings in the Second Circuit.
In United States v. Jabateh, the 3rd Circuit affirmed the defendant’s convictions for immigration fraud and perjury. While the 3rd Circuit agreed with the defendant that the government did not charge him with fraud in his immigration documents, only with orally lying about those documents, his failure to raise this argument at trial significantly altered the scope of review, … Read more
In A.A. v. Att’y Gen. United States, the 3rd Circuit interpreted the phrase “undesignated terrorist organizations” of the Immigration and Nationality Act to affirm the denial of the petitioner’s asylum. The lower court found that the petitioner had provided material support to an “undesignated terrorist organization.”
In Romero v. AG USA, the petitioner sought review of an Immigration Judge’s (“IJ”) determination that he was not entitled to relief from reinstatement of his prior removal order. The 3rd Circuit rejected the government’s argument that the Court should review the IJ’s decision under the “facially legitimate and bona fide reason” standard. Nevertheless, the … Read more