Two new opinions

Bryan v. Gov’t of Virgin Islands — civil — affirmance — Hardiman

The Third Circuit today rejected various challenges by a Virgin Islands government employee to a territorial law designed to encourage more-senior employees to retire by making them pay 3% more into the retirement system than other employees have to.

Joining Hardiman were Chagares and Restrepo. Arguing counsel were Richard Rouco of Alabama for the employee and Su-Layne Walker for the government.


Contreras Ayabar v. Secretary DHS — immigration — affirmance — Ambro

A provision of the Immigration and Nationality Act authorizes the government to grant permanent-resident status to a child of an adult permanent resident. Here, a mother applied for that status for her son when he was still a minor, but while the application was pending he turned 21, and for that reason the DHS denied it. Today, the Third Circuit rejected the mother’s and son’s challenge to this denial, holding that age eligible must be assessed the time of the agency’s action, not when the application is filed, in light of the unambiguous language of the applicable statute.

Joining Ambro were Scirica and Rendell. Arguing counsel were Benjamin Zhu of Davis Polk for the mother and son and Alexander Halaska for the government.