Jameice Nash v. Attorney General United States of America
| JAMEICE CHRISTOPHER NASH |
| ATTORNEY GENERAL UNITED STATES OF AMERICA |
| 25-3272 |
| November 18, 2025 |
| U.S. Court of Appeals, Third Circuit |
| Other |
Docket Report
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| Filing 17 ECF FILER: ENTRY OF APPEARANCE from Spencer Shucard on behalf of Respondent(s) Attorney General U.S.. [25-3272] (SS) [Entered: 04/10/2026 04:35 PM] |
| Filing 16 RETURNED MAIL. U.S. Postal Service returned court order [ # 13 ] sent to Petitioner Jameice Christopher Nash. Mail Returned to Sender. No forwarding address is available. (TMM) [Entered: 03/11/2026 12:46 PM] |
| Filing 15 RETURNED MAIL. U.S. Postal Service returned court order [ # 13 ] sent to Petitioner Jameice Christopher Nash. Mail was returned because RETURN TO SENDER - REFUSED - UNABLE TO FORWARD. The mail is hereby resent to the existing address on file. (AMR) [Entered: 02/20/2026 10:56 AM] |
| Filing 14 RETURNED MAIL. U.S. Postal Service returned court order [ # 13 ] sent to Petitioner Jameice Christopher Nash. Mail was returned because RETURN TO SENDER - REFUSED - UNALE TO FORWARD. The mail is hereby resent to the existing address on file. (AMR) [Entered: 02/03/2026 02:31 PM] |
Filing 13
ORDER (RESTREPO, PORTER and MONTGOMERY-REEVES, Circuit Judges) Petitioner Jameice Christopher Nash, a citizen of Jamaica, filed a "petition to stay and hold in abeyance," which was docketed in this Court as a petition for review and a motion for a stay of removal. Nash sought to stay his removal, ordered by an Immigration Judge ("IJ") in 2019, until this Court ruled on his pending habeas appeal. See C.A. Dkt. No. 1-3 at ECF p. 3. Because this Court has resolved his habeas appeal, see Nash v. Superintendent Houtzdale SCI, No. 23-3018, 2025 WL 3515785, at *5 (3d Cir. Dec. 8, 2025), we must deny his request to stay his removal as moot. See Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690, 698-99 (3d Cir. 1996) (noting that "[i]f developments occur during the course of adjudication that . . . prevent a court from being able to grant the requested relief, the case must be dismissed as moot"). Furthermore, to the extent that Nash presents a petition for review of the IJ's 2019 order of removal, we construe the Government's motion to dismiss as a motion for summary disposition, grant the motion so construed, and deny the petition. It does not appear that Nash appealed the 2019 decision to the Board of Immigration Appeals ("BIA"). However, "[a] court may review a final order of removal only if . . . the alien has exhausted all administrative remedies available to the alien as of right." 8 U.S.C. Section: 1252(d); see Gomez-Gabriel v. Att'y Gen., 146 F.4th 327, 330 (3d Cir. 2025) (per curiam) (explaining that if petitioners do not raise their "dispositive issues before the BIA, they fail[] to exhaust their administrative remedies, as necessary 'to preserve [their] right to appellate review' of their removal order") (citation omitted); see also Abdulla v. Att'y Gen., 153 F.4th 342, 349 (3d Cir. 2025) (concluding that where a petitioner "failed to file his BIA appeal on time, [he] did not exhaust available administrative remedies as to [the] . . . claims he wished to raise in his BIA appeal"). Although this exhaustion rule "is a non-jurisdictional claim-processing rule," we "must enforce the rule where . . . the Government properly raises it." Aguilar v. Att'y Gen., 107 F.4th 164, 169 (3d Cir. 2024) (citation and internal quotation marks omitted). The Government has done so here. See C.A. Dkt. No. 12 at p. 5-6. Any challenge to the IJ's 2019 order would also be untimely. See 8 U.S.C. Section: 1252(b)(1) (providing 30-day petition period). As with the exhaustion requirement, the deadline for filing a petition for review in an immigration case is a claims-processing rule, not a jurisdictional one, but we must enforce it because the Government has invoked that rule here. See Riley v. Bondi, 606 U.S. 259, 275 (2025). Nash's motion for appointment of counsel is denied. Panel No.: DLD-061. MONTGOMERY-REEVES, Authoring Judge. (AMR) [Entered: 01/15/2026 11:06 AM]
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Filing 12
ORDER (Clerk) The foregoing motion is granted insofar as it seeks to stay the production of the record pending disposition on the motion to dismiss the petition for review for lack of appellate jurisdiction due to untimely filing. Respondents request to stay the issuance of a briefing schedule is dismiss as unnecessary. It is noted that a motion for appointment of counsel is also pending in this case, therefore, no briefing schedule will be issued until a ruling is made on both pending motions. If the motion to dismiss the petition for review is denied or referred to the merits panel, Respondent is directed to file the certified administrative record within thirty (30) days of the date of the order denying or referring the motion. (LMR) [Entered: 12/24/2025 11:59 AM]
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| Filing 11 ECF FILER: Motion filed by Respondent Attorney General United States of America to stay briefing schedule, to Stay Production of Certified Administrative Record. Certificate of Service dated 12/23/2025. Service made by US mail. [25-3272] (SKC) [Entered: 12/23/2025 01:11 PM] |
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Filing 10
ORDER (Clerk) granting motion to proceed in forma pauperis filed by Petitioner Jameice Christopher Nash. (TMM) [Entered: 12/11/2025 11:43 AM]
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| Filing 7 ECF FILER: LETTER from Attorney Shelley Kay-Glenn Clemens, Esq. for Respondent Attorney General United States of America Petitioner's Updated Mailing Address. Certificate of Service dated 12/10/2025. Service made by US mail, ECF. [25-3272] (SKC) [Entered: 12/10/2025 11:14 AM] |
| Filing 9 MOTION filed by Petitioner Jameice Christopher Nash to Proceed In Forma Pauperis. (LMR) [Entered: 12/10/2025 02:07 PM] |
| Filing 8 MOTION filed by Petitioner Jameice Christopher Nash for Appointment of Counsel. Certificate of Service dated 11/29/2025. Service made by US mail. (LMR) [Entered: 12/10/2025 02:05 PM] |
| Filing 6 ECF FILER: Response filed by Respondent Attorney General United States of America to motion to stay removal. Certificate of Service dated 11/25/2025. [25-3272] (SKC) [Entered: 11/25/2025 12:36 PM] |
| Filing 5 ECF FILER: Motion filed by Respondent Attorney General United States of America to dismiss case for lack of jurisdiction, to dismiss case for untimely filing. Certificate of Service dated 11/25/2025. Service made by US mail. [25-3272] (SKC) [Entered: 11/25/2025 12:34 PM] |
| Filing 4 ECF FILER: ENTRY OF APPEARANCE from Shelley K. G. Clemens on behalf of Respondent(s) Pamela J. Bondi, U.S. Attorney General. [25-3272] (SKC) [Entered: 11/19/2025 01:56 PM] |
| Filing 3 MOTION filed by Petitioner Jameice Nash to Stay Removal. Certificate of Service dated 11/10/2025. Service made by US mail. (AMR) [Entered: 11/19/2025 12:24 PM] |
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Filing 2
ORDER (Clerk) directing the Executive Office of Immigration Review to file the administrative record. (AMR) [Entered: 11/19/2025 12:20 PM]
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| Filing 1 AGENCY CASE DOCKETED. Petition filed by Jameice Nash. Certificate of Service dated 11/10/2025. Service made by US mail. Petition filed nonelectronically. (AMR) [Entered: 11/19/2025 12:16 PM] |
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