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.
- Argued 07/24/2008
- Decided 10/28/2008
- Published 10/28/2008
Before: McKEE, FUENTES, and WEIS, Circuit Judges.
United States Third Circuit
William F. Henning, Esq., South Orange, NJ, for Petitioner.
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.