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ZEGREAN v. ATTORNEY GENERAL OF U.S.

No. 08-3714.

602 F.3d 273 (2010)

Sebastian Dan ZEGREAN, Petitioner v. ATTORNEY GENERAL OF the UNITED STATES, Respondent.

United States Court of Appeals, Third Circuit.

Opinion Filed April 13, 2010.

Attorney(s) appearing for the Case

David Kaplan, Esq., (Argued), James J. Orlow, Esq., Orlow, Kaplan & Hohenstein, Philadelphia, PA, for Petitioner.

Kevin J. Conway, Esq., (Argued), Sharon Clay, Esq., United States Department of Justice, Office of Immigration Litigation, Civil Division, Washington, DC, for Respondent.

Before: BARRY, JORDAN and VAN ANTWERPEN, Circuit Judges.

OPINION OF THE COURT

BARRY, Circuit Judge.

I.

A federal regulation states that "[a]n immigration judge may terminate removal proceedings to permit the alien to proceed to a final hearing on a ... petition for naturalization when the alien has established prima facie eligibility for naturalization and the matter involves exceptionally appealing or humanitarian factors." 8 C.F.R. § 1239.2(f). The Board of Immigration Appeals ("BIA") has interpreted...

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