Read Garcia v. Attorney Gen. of the US, 07-2164

In an immigration case involving a citizen of the Dominican Republic, petition for review of an order of removal is granted, BIA decision vacated, and case remanded where: 1) an amendment to the Immigration and Naturalization Act did not remove the five-year statute of limitations on initiating removal proceedings; and 2) there was appellate jurisdiction to review petitioner's challenge to the government's authority to remove her after the running of the limitations period.

Appellate Information

• Argued 07/24/2008
• Decided 10/28/2008
• Published 10/28/2008

Judges

• Before:  McKEE, FUENTES, and WEIS, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• William F. Henning, Esq., South Orange, NJ, for Petitioner.


• For Appellees:
  
• Christopher C. Fuller, Esq., Erica B. Miles, Ari Nazarov, Esq., Paul F. Stone, Esq., United States Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent.