United States Third Circuit

Grant of habeas relief from an order of removal is vacated where a litigation error by the INS, resulting in an adverse determination on the issue of alienage during deportation proceedings, did not preclude the government from thereafter seeking to remove the alien based on subsequent criminal acts.

Appellate Information

• Argued 12/07/2005
• Decided 02/07/2006
• Published 02/07/2006

Judges

• FISHER, Circuit Judge., Before RENDELL, FISHER and GREENBERG, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Derek W. Gray (Argued), Steel, Rudnick & Ruben, Philadelphia, PA, for Petitioner.


• For Appellees:
  
• Anthony A. Yang (Argued), United States Department of Justice, Appellate Section, Washington, DC, Robert M. Loeb, United States Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Respondent.