Thursday, June 05, 2008

Arca-Pineda: Discusses Suspension of Deportation

Arca-Pineda v. Mukasey, No. 07-1914 (3d Cir. May 28, 2008)
http://www.ca3.uscourts.gov/opinarch/071914p.pdf

Judges McKee, Garth, and visiting Judge Joseph Rodriguez (D.N.J. judge)

Due to illness, I'm not able to offer a summary yet. The Third Circuit rejected various arguments regarding a suspension of deportation claim.
  • You can't accrue continuous physical presence after a case is merely administratively closed.
  • The stop-time rule has a rational relationship to its purpose, therefore it does not violate Equal Protection.
  • Continuous physical presence immediately preceding the application for suspension of deportation must be immediately before, not some time before.
  • Applying the stop-time rule retroactively does not violate Due Process.
Attorney for the petitioner: Marcia Kasdan
On the brief for OIL counsel: Andrew Oliveira

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