New opinions, including a hot-button voting case with some harsh words for the appellant

American Civil Rights Union v. Philadelphia City Commissioners — civil / voting — affirmance — McKee

Back in May I posted here about a Third Circuit oral argument that got off to a bad start when the lawyer raised his voice in an unsuccessful attempt to talk over one of the judges. (You’d expect a former law school dean and Scotus clerk to know better.)

Interrupting a judge, it turns out, was not the path to victory. Today, the Third Circuit affirmed a district court’s rejection of a conservative group’s challenge to Philadelphia’s alleged failure to remove persons convicted of a felony from its voter rolls.

And it turns out interrupting a judge was the least of counsel’s advocacy missteps. The opinion tartly observed that one of the appellant’s arguments “not only mangles the statute beyond recognition, it also misrepresents the non-precedential case it relies on.” Later: “This is exactly the kind of statutory contortion that led the District Court to … threaten[] to impose sanctions for blatant misrepresentation of the statute.” Pow.

Joining McKee were Vanaskie and Rendell. Arguing counsel were John Eastman of the Center for Constitutional Jurisprudence for the appellant and Kelly Diffily for the city.

 

Alimbaev v. AG — immigration — reversal — Krause

Here’s a fascinating introduction:

This disconcerting case, before our Court for the second time, has a lengthy procedural history marked by conflict between the Board of Immigrations Appeals (BIA) and the Immigration Judge (IJ) and fueled by troubling allegations that Petitioner, an Uzbek national, relished watching violent terroristic videos, while apparently harboring anti-American sympathies. The issue on appeal, however, is whether the BIA correctly applied the clear error standard of review, as required, when reviewing the IJ’s factfinding in this case—an inquiry that highlights the role of faithful adherence to applicable standards of review in preserving the rule of law, safeguarding the impartiality of our adjudicatory processes, and ensuring that fairness and objectivity are not usurped by emotion, regardless of the nature of the allegations. Because we conclude that the BIA misapplied the clear error standard when reversing the IJ’s finding that Petitioner’s testimony was credible, we will grant the petition for review of the BIA’s removal order, vacate the denial of Petitioner’s applications for adjustment of status, withholding of removal, and protection under the Convention Against Torture (CAT), and remand once more to the BIA.

The opinion features a significant discussion of clear-error review by the Board of Immigration Appeals and how it applies to immigration judges’ credibility findings. The opinion emphasized the Third Circuit’s obligation to “carefully” scrutinize the BIA’s application of clear-error review in accepting or rejecting IJ factfinding.

Joining Krause were Jordan and Stearns D.Mass by designation. Arguing counsel were Lawrence Rudnick of Rudnick Immigration Group for the petitioner and Daniel Smulow for the government.

 

Christopher Columbus LLC v. Bocchino — admiralty — reversal — Stengel EDPA

Precedential opinions by judges sitting by designation in the Third Circuit are pretty unusual. It’s also fairly uncommon for district judges to sit by designation over CA3 appeals from their own district — reviewing a colleague’s work, that is. But both occurred here.

Also unusual? An appeal that “arise[s] out of a drunken brawl which erupted among passengers who were enjoying a cruise.” The issue on appeal was whether the dispute fell under maritime jurisdiction, and the court held that it did and vacated the district court’s dismissal.

Joining Stengel EDPA by designation were Hardiman and Krause. Arguing counsel were Daniel Wooster of Palmer Biezup for the appellant and Stanley Gruber of Freedman & Lorry for the appellee.

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