Cases & Deals

Third Circuit orders review of Final Order of Removal entered by INS

Clients Client CH

On August 25, 2011, Jones Day Pittsburgh won a victory in the United States Court of Appeals for the Third Circuit for our pro bono client, an immigrant petitioning the Court to review his Final Order of Removal from the United States. In a precedential opinion, the Third Circuit granted the petition for review and remanded to the Board of Immigration Appeals ("BIA") for further proceedings in light of the BIA's failure to liberally construe the client's Notice of Appeal.

The client was lawfully admitted to the United States in 1999 as a permanent resident. In 2005, he was charged with various state law violations and, three years later, the government sought to remove him pursuant to the Immigration and Naturalization Act. While the client was represented by other counsel, the Immigration Judge ("IJ") issued a Final Order of Removal. Proceeding pro se, the client timely filed a Notice of Appeal with the BIA but inadvertently identified the wrong IJ decision on appeal. The BIA construed the appeal as one from an Interlocutory Order, rather than a Final Order of Removal, and dismissed the appeal as moot. The client petitioned the Third Circuit for review and Jones Day then assumed the representation. In its opinion, the Third Circuit concluded that the BIA erred in its handling of the case and adopted the arguments advanced by Jones Day. Associate Alison M. Kilmartin, former associate Ryan Christian and partner Thomas S. Jones provided representation.

Higgs v. Attorney General of the United States, No. 09-3128, slip op. (3d Cir. 2011)