Bakran v. Secretary Dept. Homeland Security — civil / immigration — affirmance, basically — Shwartz

The Third Circuit today rejected a citizen’s challenges to a statute that prevents persons convicted of certain sex offenses from sponsoring a family member to enter the country. The opinion’s introduction summarizes ably:

Ahmed Bakran appeals from the District Court’s order granting summary judgment in favor of the Secretary of the United States Department of Homeland Security, the Director of the United States Citizenship and Immigration Services (the “USCIS”), and the Attorney General (“Defendants”) on Bakran’s statutory and constitutional challenges to the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, § 402(a), 120 Stat. 587, 622-23 (2006) (the “AWA”), and related agency memoranda.

The AWA restricts the ability of a United States citizen convicted of a sex offense to sponsor an immediate relative’s immigration application. Bakran claims that certain protocols used to enforce the AWA violate the Administrative Procedures Act, 5 U.S.C. § 701 et seq. (the “APA”). The protocols he challenges, however, simply guide the Secretary’s determination, and as we explain herein, we lack jurisdiction to review them.

Bakran also asserts that the AWA violates his right to marriage and is impermissibly retroactive. The AWA does not infringe his marriage right but rather deprives him of an immigration benefit to which he has no constitutional right. Moreover, because the Act is aimed at providing prospective protection, it is not  impermissibly retroactive. Therefore, we will vacate the District Court’s order granting summary judgment to Defendants on Bakran’s APA claims, and remand with directions to dismiss the APA claims for lack of jurisdiction, and affirm the District Court’s order denying relief on his constitutional and retroactivity challenges to the AWA.

Joining Shwartz were Greenaway and Simandle DNJ by designation. Arguing counsel were Nicklaus Misiti of New York for the appellant and Sara Wilson for the government.

Clientron Corp. v. Devon IT — civil — reversal — Greenaway

In an odd and interesting case today, the Third Circuit vacated a district court’s order that pierced the corporate veil as a sanction for egregious discovery abuse, but the court left the door open to a significant sanction being reimposed on remand.

Joining Greenaway were Krause and Jones MDPA by designation. Arguing counsel were John van Loben Sels of California for the appellant and Gary Samms of Obermayer Rebmann for the appellees.