United States Third Circuit

A Jamaican citizen's petition for review of the BIA's decision finding the petitioner removable as an alien convicted of an aggravated felony is denied where: 1) the BIA did not err in ordering a remand as, under the circumstances, the BIA did not disregard its established precedent by remanding the case in a way that ultimately permitted the government to lodge additional charges of removability against petitioner; 2) the BIA did not deprive petitioner of his due process rights; 3) the government was not precluded from alleging new charges of removability following the vacatur of petitioner's 2000 conviction; and 4) petitioner's section 212(c) waiver does not extend to the ground for removability that underlies the instant order of removal as under the applicable regulations, the government was permitted to lodge new charges of removability, even based on convictions that were disclosed in his application.

Appellate Information

• Argued 06/10/2010
• Decided 09/14/2010
• Published 09/14/2010

Judges

• CHAGARES

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Daniel M. Gonen, Tony West