U.S. Third Circuit - The FindLaw 3rd Circuit Court of Appeals Opinion Summaries Blog

November 2011 Archives

Third Cir. Predicts Denial, Grants Withholding of Removal Remand

The Third Circuit Court of Appeals granted a petition for rehearing this week before the Board of Immigration Appeals (BIA), but tempered the ruling noting that the petitioner had never won in an immigration hearing, and would be unlikely to win a BIA rehearing.

So what gives?

Mamadou Nbaye entered the U.S. on a stolen French passport in 2005. He was intercepted.

5 Things to Know About Third Circuit Appellate Mediation

Here at FindLaw, we understand the pressures of being a legal professional - most of us are recovering lawyers - so we want to help by tossing you that preferred life preserver of the legal profession, the short list.

Today’s topic: Third Circuit appellate mediation.

What client doesn’t savor the thrill of appealing her case up the judicial food chain? It’s terribly exciting. It’s also expensive.

While going to court is fun, it’s costly and time-consuming. If your client is looking for a faster resolution, appellate mediation is an alternative to a full-blown appeal in the Third Circuit Court of Appeals. Here are five things you should tell you client when considering appellate mediation.

Third Circuit Scolds Immigration Judge for Asylum Denial Hearing

The Third Circuit Court of Appeals vacated and remanded a Board of Immigration Appeals (BIA) decision this week, finding that Immigration Judge Annie S. Garcy completely took over the cross-examination for government’s counsel, and thereby ceased functioning as a neutral arbiter.

Vasil Abulashvili and his wife, Teona Klibadze, are citizens of Georgia, a former U.S.S.R. republic. They entered the United States on visitor visas in 1999 and remained longer than authorized. On December 20, 2004, Abulashvili filed an affirmative application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT).

Vincent Fumo Gets 6 More Months, Prosecutors Get A Tongue-Lashing

A federal judge added 6 months to disgraced politician Vincent Fumo’s sentence today, increasing the former Pennsylvania state senator’s total sentence to 61 months. The judge also ordered Fumo to pay an additional $1.1 million in restitution, in addition to the $2.8 million he has already paid.

A unanimous jury convicted Fumo in 2009 of conspiracy, fraud, obstruction of justice, and tax violations for using state employees and consultants for political and personal purposes. In the process, Fumo defrauded the state and two non-profit groups of $3.5 million. At sentencing, U.S. District Judge Ronald L. Buckwalter ordered Fumo to serve only 55 months.

Third Circuit: Post-Sentencing Rehabilitation Matters Post-Pepper

If you represent a criminal defendant who is up for resentencing on remand, a new Third Circuit Court of Appeals opinion could be good news for your client. This week, the Third Circuit has clarified when post-sentencing rehabilitation considerations are appropriate in resentencing.

The Third Circuit vacated and remanded Santiago Salinas-Cortez's original sentence for conspiracy with intent to distribute because the district court had not addressed Salinas-Cortez's request for a "minor role adjustment." During the subsequent sentencing hearing, Salinas-Cortez asked the district court to consider the efforts he had made toward rehabilitation since he was first sentenced.

CBS Wins Janet Jackson Wardrobe Malfunction Appeal

Can you remember which teams played in the Super Bowl in 2004? Neither can we. All we remember is the Janet Jackson wardrobe malfunction.

Apparently, there was a football game between commercials and musical acts. The New England Patriots beat the Carolina Panthers 32-29. Sports Illustrated called it the "Greatest Super Bowl of all time." (Clearly, we Googled this.)

No one cares.