Legal Opinion

Higgs v. Attorney General of United States

Court of Appeals for the Third Circuit

Decided August 25, 2011No. 09-3128PublishedCited by 52 opinions

1Opinion of the Court

OPINION OF THE COURT

FUENTES, Circuit Judge.

Carien Higgs is the subject of a final order of removal from the United States issued by an Immigration Judge. Higgs filed a notice of appeal with the Board of Immigration Appeals (“BIA” or “Board”) incorrectly identifying the appeal as one from an interlocutory ruling, rather than from a final order of removal. As a result, the Board dismissed Higgs’s appeal as moot. Higgs filed the instant petition for review, challenging the Board’s dismissal of his notice of appeal, the merits of the IJ’s decision, and the enforceability of the order of removal.

Fo…

2Cases cited20 opinions

  1. Estelle v. GambleSupreme Court of the United States · 1976
  2. Haines v. KernerSupreme Court of the United States · 1972
  3. Ben Gary Triestman v. Federal Bureau of Prisons, United States of AmericaCourt of Appeals for the Second Circuit · 2006
  4. Fred Traguth and Otto Handtke, Individually and Doing Business as Dance Motion Press v. D'LeLa ZuckCourt of Appeals for the Second Circuit · 1983
  5. Tabron v. GraceCourt of Appeals for the Third Circuit · 1993

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3Cited by52 opinions

  1. ACOSTA v. WOLFDistrict Court, E.D. Pennsylvania · 2020
  2. ALLEN v. SMITHDistrict Court, E.D. Pennsylvania · 2020
  3. BIESECKER v. PA ATTORNEYS GENERALDistrict Court, E.D. Pennsylvania · 2021
  4. BONILLA v. AMERICAN HERITAGE FEDERAL CREDIT UNIONDistrict Court, E.D. Pennsylvania · 2020
  5. BONILLA v. AMERICAN HERITAGE FEDERAL CREDIT UNIONDistrict Court, E.D. Pennsylvania · 2020

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