United States Third Circuit

Defendant's reliance on the doctrine of an "innocent, casual, and brief departure," to defend against INS's claim that defendant briefly left the country and is now an alien seeking an admission, is inconsistent with the wholesale amendments to the relevant statutory scheme enacted in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

Appellate Information

• Argued 04/07/2003
• Decided 12/04/2003
• Published 12/04/2003

Judges

• Before ALITO, FUENTES and GREENBERG, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Linda S. Wernery (argued), United States Department of Justice, Office of Immigration Litigation, Ben Franklin Station, Washington, Colette R. Buchnan, Office of the United States Attorney, Newark, for Appellants.


• For Appellees:
  
• Regis Fernandez (argued), Newark, for Appellee.