Valencia v. Attorney General, No. 22-1192 (3d Cir.)

All Rise Trial & Appellate co-counseled with the Nationalities Service Center to oppose immediate deportation of an immigrant and stay removal, explaining why federal courts retain jurisdiction to hear appeals of reasonable fear determination even when the subject of the determination has had a prior removal order reinstated. The brief rejects the Government’s contention that federal courts lack any jurisdiction to review INA decisions for such immigrants, and the lawlessness that would result.

Update: the Government withdrew its motion to dismiss, and has given Mr. Valencia his demanded relief in immigration court