Algernon Wynter v. Attorney General United State
||ALGERNON ANDERSON WYNTER
||ATTORNEY GENERAL UNITED STATES OF AMERICA
||April 23, 2013
||U.S. Court of Appeals, Third Circuit
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Available Case Documents
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|Date Filed||#||Document Text|
|September 19, 2013
ORDER filed (Coram: RENDELL, JORDAN and SHWARTZ, Circuit Judges) Petitioner's petition for a panel rehearing is granted. The issue of jurisdiction identified in the Clerk's order dated April 23, 2013, is referred to a merits panel. This order does not represent a finding that the Court has jurisdiction over the petition for review. As in all cases, the panel of this Court that reviews the case on its merits will make a final determination regarding the jurisdictional issue. Therefore, in addition to any other issues the parties wish to raise in their briefs, the parties should specifically address whether this Court has jurisdiction under 8 U.S.C. Sec. 1252(b)(1). We note that Petitioner has not submitted any sworn statement, from the courier service sent to his attorney, and an explanation for why the petition for review and the certificate of mailing are dated April 19, 2013, if they were mailed on April 22, 2013. We emphasize that it is for the merits panel to decide whether such documentation is necessary or sufficient for the exercise of our jurisdiction. The Clerk shall issue a briefing schedule, filed. Authoring Judge: Kent A. Jordan. SEND TO MERITS PANEL--[Edited 09/19/2013 by SMW]
|March 12, 2014
NOT PRECEDENTIAL PER CURIAM OPINION Coram: FISHER, VANASKIE and ALDISERT, Circuit Judges. Total Pages: 4.
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