United States Third Circuit

A petition for review of a final order of removal is granted as to petitioner's withholding of removal claim where: 1) the determination of petitioner's offense as a "particularly serious crime" was not a decision conferring unreviewable discretion on the Attorney General; and 2) the immigration judge (IJ) erred in finding petitioner ineligible for withholding of removal as a person convicted of a "particularly serious crime," because an offense must be an aggravated felony to be considered such and petitioner's bank fraud conviction was not an aggravated felony.

Appellate Information

• Argued 03/09/2006
• Decided 07/18/2006
• Published 07/18/2006

Judges

• Before:  AMBRO and BECKER, Circuit Judges, STAGG, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Joseph C. Hohenstein, Esquire (Argued), Orlow & Orlow, Philadelphia, PA, for Petitioner.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, Civil Division, Christopher C. Fuller, Senior Litigation Counsel, Linda S. Wernery, Esquire, Lyle D. Jentzer, Esquire, Thankful T. Vanderstar, Esquire (Argued), U.S. Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.