United States Second Circuit

In a suit challenging an ICE order of removal, issued without a hearing, and the District Court's denial of an Italian national's I-485 application to adjust his immigration status, dismissal for lack of jurisdiction is reversed and remanded where, in the absence of evidence of a waiver, petitioner's due process rights were violated by his failure to receive a hearing.

Appellate Information

• Decided 01/26/2011
• Published 01/26/2011

Judges

Court

• United States Second Circuit

Counsel