Harold Pabon-Porras v. Attorney General United States of America
| HAROLD MAURICIO PABON-PORRAS |
| ATTORNEY GENERAL UNITED STATES OF AMERICA |
| 22-2975 |
| October 20, 2022 |
| U.S. Court of Appeals, Third Circuit |
| Other |
Docket Report
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Filing 6
ORDER (Clerk) This petition seeks review of a July 13, 2022, decision issued by an immigration judge in Pearsall, Texas. In an order issued yesterday, the parties were directed to address whether the petition was timely and whether it was filed in the correct circuit. This Court has now received a copy of the immigration judge's order. It is affirmed the Department of Homeland Security's negative credible-fear finding. This Court may not have jurisdiction to review this type of removal order and finding. See 8 U.S.C. Section 1252(a)(2)(A); Castro v. U.S. Dep't of Homeland Sec., 835 F. 3d 422, 425-27 (3d Cir. 2016); Dep't of Homeland Sec. v. Thuraissigiam, 140 S. Ct. 1959, 1964-67 (2020). In addition to the timeliness and venue issues identified in yesterday's order, the parties must also address whether the removal order and the immigration judge's order are reviewable by this Court. (TMM) [Entered: 10/21/2022 12:52 PM]
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| Filing 5 ECF FILER: ENTRY OF APPEARANCE from Rosanne M. Perry on behalf of Respondent(s) Merrick B. Garland, U.S. Attorney General. [22-2975] (RMP) [Entered: 10/21/2022 09:18 AM] |
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Filing 4
ORDER (Clerk) directing the Executive Office of Immigration Review to file the administrative record. (TMM) [Entered: 10/21/2022 08:46 AM]
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Filing 2
ORDER (Clerk) The petition seeks review of a July 13, 2022, decision issued by an immigration judge in Pearsall, Texas. Pursuant to 8 U.S.C. Section 1252, this Court has jurisdiction to review final orders of removal issued within the Third Circuit, provided that the petitioner has filed a timely petition for review. See 8. U.S.C. Section 1252(b)(2) (requiring petitions for review to be filed in the court of appeals for the circuit in which the immigrations judge completed the proceedings); 8 U.S.C. Section 1252(b)(1) (requiring petitions for review to be filed within thirty days of the final order of removal). Because this petition was not received within thirty days of the immigration judge's decision, and because the decision was not made within this circuit, the parties are ORDERED to address whether this petition should be dismissed or transferred to the U.S. Court of Appeals for the Fifth Circuit. Written responses must be filed and served within fourteen (14) days of the date of this order. (TMM) [Entered: 10/20/2022 04:31 PM]
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| Filing 1 AGENCY CASE DOCKETED. Petition filed by Harold Mauricio Pabon-Porras. Certificate of Service dated 05/10/2022. Service made by US mail. (TMM) [Entered: 10/20/2022 04:18 PM] |
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