United States Third Circuit

Petitions for review of decisions finding, inter alia, Uzbek petitioners barred from withholding of removal under the national security exception are remanded where: 1) although Chevron deference was warranted as to the Attorney General's interpretation of the reasonableness and danger requirements in the exception; 2) however, his interpretation conflicted with the intent of Congress by altering the requirement that an alien "is" a danger to national security to one where an alien "may pose" a danger to national security; and 3) a remand was required for application of the proper standard.

Appellate Information

• Argued 04/16/2007
• Decided 03/14/2008
• Published 03/14/2008

Judges

• Before:  McKEE and AMBRO, Circuit Judges, ACKERMAN, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Lawrence H. Rudnick, Esquire (Argued), Steel, Rudnick & Ruben, Philadelphia, PA, for Petitioner, Bekhzod Bakhtiyarovich Yusupov., Paul A. Engelmayer, Esquire, Bassina Farbenblum, Esquire (Argued), Wilmer Cutler Pickering Hale & Dorr, New York, NY, for Petitioner, Ismoil Samadov.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, Civil Division, Michael P. Lindemann, Assistant Director, Jonathan Potter, Esquire (Argued), United States Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent.