United States Third Circuit

A conviction for filing a false tax return in violation of 26 U.S.C. section 7206(1) of the Internal Revenue Code is not an "aggravated felony" as defined by INA section 101(a)(43)(M)(i); remanded with directions to vacate the removal orders.

Appellate Information

• Argued 12/05/2003
• Decided 05/19/2004
• Published 05/19/2004

Judges

• Before SLOVITER and ALITO, Circuit Judges, and OBERDORFER, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Steven A. Morley (Argued), Morley, Surin & Griffin, P.C., Philadelphia, for Petitioners.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, Civil Division, Linda S. Wernery, Senior Litigation Counsel, Office of Immigration Litigation, Lyle D. Jentzer (Argued), Trial Attorney, Douglas E. Ginsburg, Michael P. Lindemann, John M. McAdams Jr., John D. Williams, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, for Respondent.