The U.S. Court of Appeals for the Third Circuit held that INA § 236(c) authorizes mandatory detention only for a reasonable period of time. Diop v. ICE, No. 10-1113, slip op. (3d Cir. Sept. 1, 2011) (Fuentes, Chagares, and Pollak, JJ.). Judge Fuentes wrote the panel’s decision. This case involved a petition for writ of habeas corpus brought by an individual who was convicted in 1995 of Pennsylvania possession of a controlled substance with the intent to manufacture or deliver it and in 2005 of reckless endangerment. Diop, No. 10-1113, slip op. at 4. After being placed in removal [...]
3 Cir: Padilla retroactive; overturns prejudice prong precedent
In the first federal court of appeals decision to address the merits of whether Padilla v. Kentucky, 130 S.Ct. 1473 (2010), applies to convictions that became final prior to the date on which it was issued, the U.S. Court of Appeals for the Third Circuit held that Padilla is retroactive. United States v. Orocio, No. 10-1231, slip op. (3d Cir. June 29, 2011) (Fuentes, Chagares, and Pollak, J.). Judge Pollack wrote the panel’s decision; Judge Chagares concurred in part and dissented in part. This case involved an LPR who pleaded guilty to simple possession of a controlled substance, 21 U.S.C. § [...]
3d Cir: Adopts BIA’s interpretation of sexual abuse of a minor, finds NJ aggravated sexual criminal sexual contact is sexual abuse of minor, and statute of limitations doesn’t apply to removal proceedings
The Third Circuit Court of Appeals recently issued an important decision in the continued efforts of courts across the country to define the aggravated felony categories of removability. In Restrepo v. Attorney General, No. 07-4741, 2010 WL 3211138, slip op. (Aug. 16, 2010) (Fuentes, Fisher, and Connor), the Third Circuit explicitly adopted the definition of sexual abuse of a minor used by the BIA and held that aggravated criminal sexual contact in New Jersey, N.J. Stat. Ann. § 2C:14-3(a), constitutes sexual abuse of a minor. Judge Connor wrote the panel’s decision. This case involved an LPR [...]
3d Circuit: Rejects CIMT analysis announced in Matter of Silva-Treviño and holds that PA simple assault conviction is not CIMT
In an otherwise ordinary case the U.S. Court of Appeals for the Third Circuit this week announced its rejection of the Attorney General's analysis of crimes involving moral turpitude announced in Matter of Silva-Treviño, 24 I&N Dec. 687 (A.G. 2008). Jean-Louis v. Attorney General, No. 07-3311, slip op. (3d Cir. Oct. 6, 2009) (Rendell, Roth, and Hayden). Judge Rendell issued the panel's unanimous decision. This case concerned a conviction under Pennsylvania's simple assault statute, 18 Pa. Cons. Stat. § 2701(b)(2), for purposes of Cancellation of Removal. Jean-Louis, No. 07-3311, slip [...]