Robert Francis v. JANET RENO, Attorney General

Filed October 30, 2001
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 00-2375
ROBERT FRANCIS,
Petitioner,
v.
JANET RENO, Attorney General;
and DORIS MEISSNER,
Commissioner of the Immigration
and Naturalization Service
Petition for Review of an Order of the
Board of Immigration Appeals
(INS No. A26-458-287)
Before: SCIRICA, McKEE and STAPLETON, Circuit Judges
ORDER AMENDING OPINION
IT IS HEREBY ORDERED, that the Slip Opinion filed in
this case on October 16, 2001, be amended as follows:
On page 3, delete the second paragraph which reads:
"In May of 1993, Francis caused a tragic traffic
accident wherein two people were killed on Interstate
95 in Philadelphia. He was thereafter convicted in state
court of two counts of homicide by vehicle in violation
of 18 Pa. C.S.A. S 3732. That statute defines homicide
by vehicle, and categorizes it as a misdemeanor of the
first degree. Francis was sentenced to two consecutive
sentences of eighteen to sixty months in prison for the
conviction. At the conclusion of that sentence, he was

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held on an INS detainer. The INS then initiated removal
proceedings based upon its assertion that his state
court conviction made him removable as an `aggravated
felon' under the BIA. As noted above, the Immigration
Judge terminated the proceedings in Francis' favor, but
the INS reversed and ordered his removal. That order
of removal is now before us based upon Francis'
petition for review."
And, replace it with the following:
"In May of 1993, Francis caused a tragic traffic
accident wherein two people were killed on Interstate
95 in Philadelphia. He was thereafter convicted in state
court of two counts of homicide by vehicle in violation
of 75 Pa. C. S. A. S 3732, which provided at the time of
Francis' offenses that
[a]ny person who unintentionally causes the death of
another person while engaged in the violation of any
law of this Commonwealth or municipal ordinance
applying to the operation or use of a vehicle or to the
regulation of traffic except section 3731 (relating to
driving under influence of alcohol or controlled
substance) is guilty of homicide by vehicle, a
misdemeanor of the first degree, when the violation
is the cause of death.
Francis was sentenced to two consecutive sentences of
eighteen to sixty months in prison for the conviction.
At the conclusion of that sentence, he was held on an
INS detainer. The INS then initiated removal
proceedings based upon its assertion that his state
court conviction made him removable as an `aggravated
felon' under the BIA. As noted above, the Immigration
Judge terminated the proceedings in Francis' favor, but
the INS reversed and ordered his removal. That order
of removal is now before us based upon Francis'
petition for review."

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In addition, delete footnote number 1 in the second
paragraph on page 3 and replace it with the following text
as footnote number 1.
"In 2000, the Pennsylvania Legislature amended 75
Pa. C. S. A. S 3732 by substituting `recklessly or with
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gross negligence' for `unintentionally' and increased the
offense from a misdemeanor of the first degree to a
felony of the third degree."
In addition, delete all references to "18 Pa. C. S. A. S 3732"
in the Slip Opinion and replace with "75 Pa. C. S. A.
S 3732." Finally, on page 16 replace "18 Pa. C. S. A. S 3731"
with "75 Pa. C. S. A. S 3731."
IT IS SO ORDERED.
BY THE COURT:
/s/ Theodore A. McKee Circuit Judge
DATED: 30 October 2001
A True Copy:
Teste:
Clerk of the United States Court of Appeals
for the Third Circuit
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