United States Third Circuit

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DelRio-Mocci v. Connolly Properties Inc., 09-4541

In a suit by a lessee in an apartment complex against its property managers, alleging injury to his leasehold property because the managers engaged in a criminal RICO conspiracy to harbor illegal aliens and to encourage or induce illegal aliens to reside in the United States in violation of federal law, the district court's grant of a motion to dismiss for failure to state a claim is affirmed, where: 1) the plaintiff did not sufficiently allege that the defendants' conduct tended to substantially facilitate an alien's remaining in the United States illegally and to prevent government authorities from detecting the alien's unlawful presence; 2) the defendants did not engage in an affirmative act that served as a catalyst for aliens to reside in the United States in violation of immigration law when they might not have otherwise; and 3) the district court did not abuse its discretion in denying the plaintiff leave to amend his complaint.

Appellate Information

  • Decided 02/24/2012
  • Published 02/24/2012

Judges

  • Fuentes

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Garrett R. Roe, Robert M. Palumbos

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