Papageorgiou v. Gonzales, No. 04-3135.

CourtUnited States Courts of Appeals. United States Court of Appeals (3rd Circuit)
Writing for the CourtVan Antwerpen
Citation413 F.3d 356
PartiesPeriklis PAPAGEORGIOU, Petitioner v. *Alberto R. GONZALES, Attorney General of the United States; Bureau of Citizenship and Immigration Services, Respondents.
Docket NumberNo. 04-3135.
Decision Date24 June 2005

Page 356

413 F.3d 356
Periklis PAPAGEORGIOU, Petitioner
v.
*Alberto R. GONZALES, Attorney General of the United States; Bureau of Citizenship and Immigration Services, Respondents.
No. 04-3135.
United States Court of Appeals, Third Circuit.
Submitted pursuant to Third Circuit L.A.R. 34.1(a) on June 9, 2005.
Filed: June 24, 2005.

John D. Perez, Esq., Newark, NJ, Counselor for Petitioner.

Peter D. Keisler, Assistant Attorney General, Civil Division, Linda S. Wernery, Senior Litigation Counsel, Civil Division, William C. Peachey, Attorney, Janice K. Redfern, Attorney, Office of Immigration Litigation, United States Department of Justice, Civil Division, Washington, D.C., Counselor for Respondent.

Before: AMBRO, VAN ANTWERPEN, and TASHIMA,* Circuit Judges.

OPINION OF THE COURT

VAN ANTWERPEN, Circuit Judge.


Periklis Papageorgiou seeks review of a final order of the Board of Immigration Appeals ("BIA") summarily affirming an order of removal by an Immigration Judge

Page 357

("IJ"). For the reasons that follow, we will deny the petition.

I.

Papageorgiou is a native and citizen of Greece who entered the United States in 1978, later becoming a permanent resident. On September 25, 1998, he was convicted in the United States District Court for the District of Maryland, pursuant to a plea agreement, of the offense of Distribution of Cocaine in violation of 21 U.S.C. § 841(a)(1). He was sentenced to 46 months in prison. Based on that conviction, the former Immigration and Naturalization Service ("INS")1 charged him with removability pursuant to §§ 237(a)(2)(A)(iii) and (B)(I) of the INA, 8 U.S.C. § 1227(a)(2)(A)(iii) and (B)(I), as an alien convicted of an aggravated felony, a controlled substance offense, and trafficking in a controlled substance. Papageorgiou subsequently sought relief under Article III of the United Nations Convention Against Torture ("CAT"), alleging the government of Greece would not be able to protect him from his former business partner if Petitioner was removed to Greece.2 An IJ found against Petitioner on all issues on October 10, 2003. Petitioner appealed to the BIA, which affirmed the IJ without issuing a separate opinion on June 29, 2004, pursuant to 8 C.F.R. § 1003.1(e)(4). This petition for review followed.

II.

Where the BIA summarily affirms an IJ's decision without issuing a separate opinion, we normally review the IJ's decision itself. See Dia v. Ashcroft, 353 F.3d 228, 245 (3d Cir.2003) (en banc). Here, however, the government argues that we lack jurisdiction to do so. In support of its position, the government contends that INA § 242(a)(2)(C), 8 U.S.C. § 1252(a)(2)(C) divests courts of appeals of jurisdiction to review the removal orders of aliens who are removable on the basis of having committed certain crimes, including drug-trafficking crimes.

As we have previously observed, this Court has always retained "jurisdiction to determine our jurisdiction" under § 242(a)(2)(C) with respect to both of the predicate facts required for application of § 242(a)(2)(C)—first, whether a petitioner is in fact an alien, and, second, whether he or she is indeed removable by reason of having been convicted of one of the enumerated offenses in INA § 242(a)(2)(C). Patel v. Ashcroft, 294 F.3d 465, 468 (3d Cir.2002) (citing Drakes v. Zimski, 240 F.3d 246, 247 (3d Cir.2001)).

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74 practice notes
  • Leslie v. Attorney Gen. Of The United States, No. 08-3180.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • July 8, 2010
    ...we retain jurisdiction over constitutional claims and questions of law. See 8 U.S.C. § 1252(a)(2)(D); see also Papageorgiou v. Gonzales, 413 F.3d 356, 358 (3d Cir.2005). Leslie mounts a two-pronged attack on his removal hearing. He argues first that his Notice to Appear was deficient under ......
  • Salmoran v. Attorney Gen. United States, No. 17-2683
    • United States
    • U.S. Court of Appeals — Third Circuit
    • November 26, 2018
    ...aliens convicted of an aggravated felony." Restrepo v. Att'y Gen. , 617 F.3d 787, 790 (3d Cir. 2010) (quoting Papageorgiou v. Gonzales , 413 F.3d 356, 358 (3d Cir. 2005) ); see 8 U.S.C. § 1252(a)(2)(C), (D).7 There are departures to our presumptive application of the categorical approach, b......
  • Orabi v. Attorney Gen. of the United States, No. 12–4025.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • September 10, 2013
    ...upon a petition for review” of final removal orders. Paredes v. Att'y Gen., 528 F.3d 196, 198 (3d Cir.2008); Papageorgiou v. Gonzales, 413 F.3d 356, 357–58 (3d Cir.2005). We review questions of law de novo, Caroleo v. Gonzales, 476 F.3d 158, 162 (3d Cir.2007), but we “will not disturb the I......
  • Kamara v. Attorney General of U.S., No. 04-2647.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • August 29, 2005
    ...claims and questions of law upon filing of a petition for review with an appropriate court of appeals. Papageorgiou v. Gonzales, 413 F.3d 356, 358 (3d Cir.2005); see also Fernandez-Ruiz v. Gonzales, 410 F.3d 585 (9th Congress explicitly made the above amendments retroactive. REAL ID Act § 1......
  • Request a trial to view additional results
74 cases
  • Leslie v. Attorney Gen. Of The United States, No. 08-3180.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • July 8, 2010
    ...we retain jurisdiction over constitutional claims and questions of law. See 8 U.S.C. § 1252(a)(2)(D); see also Papageorgiou v. Gonzales, 413 F.3d 356, 358 (3d Cir.2005). Leslie mounts a two-pronged attack on his removal hearing. He argues first that his Notice to Appear was deficient under ......
  • Salmoran v. Attorney Gen. United States, No. 17-2683
    • United States
    • U.S. Court of Appeals — Third Circuit
    • November 26, 2018
    ...aliens convicted of an aggravated felony." Restrepo v. Att'y Gen. , 617 F.3d 787, 790 (3d Cir. 2010) (quoting Papageorgiou v. Gonzales , 413 F.3d 356, 358 (3d Cir. 2005) ); see 8 U.S.C. § 1252(a)(2)(C), (D).7 There are departures to our presumptive application of the categorical approach, b......
  • Orabi v. Attorney Gen. of the United States, No. 12–4025.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • September 10, 2013
    ...upon a petition for review” of final removal orders. Paredes v. Att'y Gen., 528 F.3d 196, 198 (3d Cir.2008); Papageorgiou v. Gonzales, 413 F.3d 356, 357–58 (3d Cir.2005). We review questions of law de novo, Caroleo v. Gonzales, 476 F.3d 158, 162 (3d Cir.2007), but we “will not disturb the I......
  • Kamara v. Attorney General of U.S., No. 04-2647.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • August 29, 2005
    ...claims and questions of law upon filing of a petition for review with an appropriate court of appeals. Papageorgiou v. Gonzales, 413 F.3d 356, 358 (3d Cir.2005); see also Fernandez-Ruiz v. Gonzales, 410 F.3d 585 (9th Congress explicitly made the above amendments retroactive. REAL ID Act § 1......
  • Request a trial to view additional results

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