Oyenike Alaka v. Attorney General of the United States; Secretary of Department of Homeland Security

*This case was argued before the panel of Judges Ambro, Becker and Stagg.
Judge Becker died before the filing of this opinion. It is filed by a quorum of the panel.
28 U.S.C. § 46(d).
**
Honorable Tom Stagg, Senior District Judge for the Western District of
Louisiana, sitting by designation.
PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 05-1632
OYENIKE ALAKA,
Petitioner
v.
ATTORNEY GENERAL OF THE UNITED STATES;
SECRETARY OF DEPARTMENT OF
HOMELAND SECURITY,
Respondents
On Petition for Review of an Order of
The Board of Immigration Appeals
(No. A91-581-986)
Argued March 9, 2006
Before: AMBRO and BECKER, * Circuit Judges,
STAGG, ** District Judge
(Opinion filed July 18, 2006)

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2
ORDER AMENDING PUBLISHED OPINION
AMBRO, Circuit Judge
IT IS NOW ORDERED that the published Opinion in the above case filed
July 18, 2006, be amended as follows:
On page 3, replace the complete first full paragraph with the following
paragraph.
Oyenike Alaka petitions for review of a final order of
removal issued by the Board of Immigration Appeals (“BIA”).
We conclude that it erred in affirming the decision of an
immigration judge (“IJ”) that Alaka was ineligible for
withholding of removal as a person convicted of a “particularly
serious crime.” Accordingly (and after concluding that we have
jurisdiction), we grant the petition for review of her withholding
of removal claim, vacate the BIA’s decision on this issue, and
remand to the BIA for further proceedings. As we do not have
jurisdiction to consider the BIA’s conclusion, in affirming the IJ,
that Alaka abandoned her lawful permanent resident status, we
dismiss her petition for cancellation of removal and relief under
former § 212(c) of the Immigration and Nationality Act
(“INA”).
By the Court,
/s/ Thomas L. Ambro, Circuit Judge
Dated: August 23, 2006

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