United States Third Circuit

A Jamaican citizen's petition for review of a final order of removal of the BIA is granted and the BIA's decision vacated and remanded where: 1) when an agency promulgates a regulation protecting fundamental statutory or constitutional rights of parties appearing before it, the agency must comply with that regulation, and failure to comply will merit invalidation of the challenged agency action without regard to whether the alleged violation has substantially prejudiced the complaining party; 2) the IJ's failure to apprise petitioner of the availability of free legal services, as required under 8 C.F.R. section 1240.10(a)(2)-(3), renders invalid the subsequently entered removal order, without regard to petitioner's ability to demonstrate substantial prejudice.

Appellate Information

• Argued 03/10/2010
• Decided 07/08/2010
• Published 07/08/2010

Judges

• ALDISERT

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Caroline Brown, Jem C. Sponzo