JAEN v. SESSIONS

Docket No. 17-1512 August Term, 2017.

899 F.3d 182 (2018)

Levy Alberto JAEN, Petitioner, v. Jefferson B. SESSIONS III, United States Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: August 13, 2018.


Attorney(s) appearing for the Case

IAN SAMUEL ( Andrea A. Saenz , Brooklyn Defender Services, on the brief), Cambridge, MA, for Respondent Levy Alberto Jaen.

RACHEL L. BROWNING , Trial Attorney ( Keith I. McManus , Assistant Director, on the brief), for Chad A. Readler, Acting Assistant Attorney General, Washington, D.C., for Respondent Jefferson B. Sessions III, Attorney General of the United States.

Shailee Diwanji Sharma , Andrew A. Ruffino , on the brief, Covington & Burling LLP, New York, N.Y. for Amici Curiae Family Law Professors, Jamie R. Abrams, University of Louisville Brandeis School of Law, Susan Frelich Appleton, Washington University School of Law, Barbara A. Atwood, University of Arizona Rogers College of Law, Margaret B. Drew, University of Massachusetts School of Law, Ann E. Freedman, Rutgers Law School, Philip M. Genty, Columbia Law School, Cynthia Godsoe, Brooklyn Law School, Martin Guggenheim, New York University School of Law, Leslie Harris, University of Oregon School of Law, Susan Hazeldean, Brooklyn Law School, Deseriee Kennedy, Touro Law Center, Theo Liebmann, Maurice A. Deane School of Law at Hofstra University, Solangel Maldonado, Seton Hall Law School, Carlin Meyer, New York Law School, Catherine J. Ross, George Washington University Law School, Elizabeth Scott, Columbia Law School, Barbara J. Stark, Maurice A. Deane School of Law at Hofstra University, Edward Stein, Cardozo School of Law, David B. Thronson, Michigan State University College of Law, in support of Petitioner Levy Alberto Jaen.

Judge Rosemary S. Pooler concurs in a separate opinion.


On April 15, 2015, Levy Alberto Jaen was served with a Notice to Appear charging him with removability under Sections 237(a)(1)(B) and 237(a)(2)(B)(i) of the Immigration and Nationality Act ("INA").1 During the immigration proceedings that followed, both before the Immigration Judge ("IJ") and...

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