Legal Opinion

Jahjaga v. Attorney General of the United States

Court of Appeals for the Third Circuit

Decided January 4, 2008No. 06-2866, 06-3466PublishedCited by 9 opinions

1Opinion of the Court

OPINION

GARTH, Circuit Judge:

The appeals which we review here involve two fundamental issues: (1) do we have jurisdiction to review the Board of Immigration Appeals’ (“BIA”) denial of a motion to reissue its decision; and (2) what is the effect of an alien’s claim that the BIA’s decision, which was purportedly mailed to the last address of record, was never received by the alien. We have yet to decide these issues, which affect the ability of an alien to seek legal redress before being deported from this country. We will grant the petitions and remand both cases to the BIA with instructions…

2Cases cited16 opinions

  1. Immigration & Naturalization Service v. VenturaSupreme Court of the United States · 2002
  2. Reno v. FloresSupreme Court of the United States · 1993
  3. Ng Fung Ho v. WhiteSupreme Court of the United States · 1922
  4. Tengiz Sevoian v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2002
  5. Jian Lian Guo v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2004

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3Cited by9 opinions

  1. Kucana v. HolderSupreme Court of the United States · 2010
  2. Pareja v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2010
  3. Sang Goo Park v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2017
  4. Amir Shabo v. Jefferson B. Sessions, IIICourt of Appeals for the Sixth Circuit · 2018
  5. Gordon Tima v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2015

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