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Briseno-Flores v. Atty Gen USA

Citation: Not availableDocket: 05-5323

Court: Court of Appeals for the Third Circuit; July 3, 2007; Federal Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case of Briseno-Flores v. Attorney General of the United States involved an appeal by petitioner Jesus Briseno-Flores regarding his immigration status, following an order from the Board of Immigration Appeals (BIA). The United States Court of Appeals for the Third Circuit heard the appeal, with arguments presented before Circuit Judges Rendell and Jordan, and District Judge Vanaskie on May 8, 2007. The court's opinion, initially filed on June 26, 2007, was later amended on July 3, 2007, to address a clarification in footnote 2 concerning Briseno-Flores's request for a stay of the voluntary departure period granted by the BIA. This amendment underscores the court's procedural capabilities to modify its opinions. The case illustrates the procedural steps involved in immigration law appeals, with legal counsel representing both sides and the court asserting its jurisdictional authority over immigration matters. The separate order pertaining to the stay request indicates the ongoing procedural considerations in immigration cases. Ultimately, the case reflects the complex interplay of legal processes in the appellate review of immigration decisions.

Legal Issues Addressed

Amendment of Court Opinions

Application: The court retains the authority to amend its opinions post-issuance to address specific clarifications, as evidenced by the amendment on July 3, 2007, concerning footnote 2.

Reasoning: The court's opinion was amended on July 3, 2007, specifically regarding footnote 2, which clarifies that Briseno-Flores requested a stay of the voluntary departure period granted to him by the BIA.

Jurisdiction of the Court of Appeals in Immigration Matters

Application: The Third Circuit Court of Appeals exercises jurisdiction over immigration appeals from the Board of Immigration Appeals, as demonstrated in this case.

Reasoning: Briseno-Flores v. Attorney General of the United States is a precedential decision by the United States Court of Appeals for the Third Circuit, filed on June 26, 2007.

Procedural Steps in Immigration Appeals

Application: The decision highlights the procedural nature of immigration appeals, emphasizing the involvement of legal counsel and the court's authority in such matters.

Reasoning: The decision includes contributions from legal counsel for both the petitioner and the respondent, indicating the procedural nature of the case as it relates to immigration law.