Legal Opinion

Gordon Tima v. Attorney General United States

Court of Appeals for the Third Circuit

Decided September 6, 2018No. 16-4199PublishedCited by 3 opinions

1Opinion of the Court

BIBAS, Circuit Judge.

In the Immigration and Nationality Act, a waiver-of-removal provision is limited to waiving some grounds of removal without waiving all others that flow from the same facts. Here, a nonimmigrant student committed marriage fraud. His fraud made him inadmissible and was a crime involving moral turpitude. So he was removable based on his inadmissibility as well as his conviction, and was ordered to be removed.

Under the Act, some removal charges are based on grounds of inadmissibility and others are not. The Attorney General may waive a removal charge that is based on…

2Cases cited10 opinions

  1. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  2. Koons Buick Pontiac GMC, Inc. v. NighSupreme Court of the United States · 2004
  3. Kawashima v. HolderSupreme Court of the United States · 2012
  4. Reid v. Immigration & Naturalization ServiceSupreme Court of the United States · 1975
  5. Pritam Taggar v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2013

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3Cited by3 opinions

  1. Myrna Herrera Gonzalez v. Jeffrey A. RosenCourt of Appeals for the Eighth Circuit · 2021
  2. Reese v. GarlandCourt of Appeals for the Fifth Circuit · 2023
  3. Rosendo Rivera Rivera v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2020

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