United States Third Circuit

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IJ properly ordered removal of alien to Italy pursuant to 8 U.S.C. section 1182(a)(6)(A)(i). Because all diversity visas for a given year's Diversity Visa Program must be issued by the end of that fiscal year, he is now statutorily ineligible for the visa despite having timely filed his application.

Appellate Information

  • Argued 10/28/2003
  • Decided 01/23/2004
  • Published 01/23/2004


  • Before SCIRICA, Chief Judge, NYGAARD and AMBRO, Circuit Judges.


  • United States Third Circuit


  • For Appellant:
  • John D. Perez, (Argued), Newark, for Petitioner.

  • For Appellees:
  • Robert D. McCallum, Jr., Assistant Attorney General Civil Division, Donald E. Keener, Deputy Director, Michelle E. Gorden (Argued), Senior Litigation Counsel, Michael P. Lindemann, John D. Williams, Office of Immigration Litigation, Civil Division, Department of Justice, Washington, for Respondent.

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