United States Third Circuit

In the context of the applicability of the new definitions of aggravated felony to immigration cases commenced prior to the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), "actions taken" in section 321(c) of IIRIRA refers to orders and decisions of an IJ or the BIA which apply the "aggravated felony" definitions in 8 U.S.C. section 1101(a)(43) to determine the availability of hardship relief.

Appellate Information

• Decided 09/25/2007
• Published 09/25/2007

Judges

• Before:  McKEE, FISHER, and CHAGARES, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Thomas E. Moseley, Esq., Argued, Newark, NJ, Attorney for Petitioner.


• For Appellees:
  
• James E. Grimes, Esq., Argued, William C. Minick, Esq., United States Department of Justice, Office of Immigration Litigation, Civil Division, Washington, DC, Attorney for Respondent.