Ricketts v. AG—immigration—affirmance—Jordan

The Third Circuit today denied an immigration’s petition for review challenging the Board of Immigration Appeals’ ruling against him, holding that, even if the BIA erred by treating a procedural rule as jurisdictional, remand would be futile and such futility is a basis for denying the petition.

Joining Jordan were Greenaway, Jr., and Fisher. Arguing counsel were Noah Weiss of Williams & Connolly for the petitioner and Benjamin Moss for the government.

Also today the Court granted an unopposed motion to amend and issued an amended opinion in Raia, the important COVID-19 opinion it originally issued Friday. The amended opinion deleted  language that seemed to erroneously raise the exhaustion bar for petitioners seeking sentence reductions under 18 USC § 3582.