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United States Third Circuit


Lavira v. Attorney Gen. of the US, 05-3334

A petition for review of a denial of claims for withholding of removal under the INA and the CAT brought by wheelchair-bound, HIV-positive Haitian petitioner is granted and the matter remanded so that the IJ may squarely address petitioner's challenge to a "particularly serious crime" designation and his challenge based on the CAT involving a Haitian detention facility.

Appellate Information

  • Decided 02/26/2007
  • Published 02/26/2007

Judges

  • RENDELL, Circuit Judge., Before RENDELL, ROTH, and GIBSON , Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Valerie A. Burch [Argued], Pennsylvania Immigration Resource Center, York, PA, for Petitioner.

  • For Appellees:
  • Maurice Lavira, Ethan B. Kanter, James E. Grimes, William C. Minick [Argued], United States Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent Attorney General of the United States.
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