determining this Court's jurisdictional inquiry as to whether it could review an alien’s removal order merged with the merits of the alien’s appeal into whether the government sufficiently proved that the alien was convicted of a deportable offense
How later courts described this case
- determining this Court's jurisdictional inquiry as to whether it could review an alien’s removal order merged with the merits of the alien’s appeal into whether the government sufficiently proved that the alien was convicted of a deportable offense
- indicating that we have jurisdiction to grant relief in a case such as this only if the government failed to prove the alien's conviction by sufficient evidence
- interpreting similar language in § 309(c)(4)(G) of the Illegal Immigration Reform and Immigrant Responsibility Act
Written by the judges who cited it.
The opinion
ORDER ON REHEARING
Feb. 24, 2004.
By the Court:
A member of this court in active service having requested a poll on whether this case should be reheard by the Court sitting en banc, and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc,
IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel’s opinion is hereby VACATED.