Two new opinions

Dessouki v. Secretary — immigration — affirmance — Bibas

The Third Circuit denied an immigrant’s petition for review today. The applicable statute offers a path to citizenship to immigrants whose custodial parent becomes a naturalized citizen if there has been “a legal separation” of his parents. But here the immigrant’s parents never married, and the court held that without marriage there cannot be a legal separation.

Joining Bibas were Greenaway and Fuentes. Arguing counsel were Douglas Grannan of Philadelphia for the immigrant and Elizabeth Fitzgerald-Sambou for the government.


McKinney v. Univ. of Pittsburgh — civil — reversal — Krause

The Third Circuit today held that a university faculty contract provision guaranteeing faculty an annual salary increase does not give them a property interest in the their salary not being reduced.

Joining Krause were Hardiman and Bibas. Arguing counsel were Kim Watterson of Reed Smith for the university and Sean Ruppert of Kraemer Manes for the professor. The opinion also acknowledged an “insightful and well-researched” amicus brief on behalf of other universities by Shannon Farmer and Burt Rublin of Ballard Spahr.