Zeljko Paripovic v. Alberto R. Gonzales, Attorney General of the United States of America

PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 03-4193
ZELJKO PARIPOVIC
Petitioner
v.
*ALBERTO R. GONZALES, ATTORNEY GENERAL
OF THE UNITED STATES OF AMERICA,
Respondent
* Substituted pursuant to Rule 43c, F.R.A.P.
On Appeal from an Order entered before
The Board of Immigration Appeals
(No. A72-780-152)
Argued December 13, 2004
Before: AMBRO, VAN ANTWERPEN and STAPLETON, Circuit Judges
(Opinion filed August 12, 2005)
Sunit K. Joshi, Esquire (Argued)
Sokol Braha, Esquire
Joshi & Associates, P.C.
225 Broadway, Suite 705
New York, NY 10007
Attorneys for Petitioner
Peter D. Keisler
Assistant Attorney General
Civil Division
Richard M. Evans

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Assistant Director
Douglas Ginsburg, Esquire
John D. Williams, Esquire
David E. Dauenheimer, Esquire (Argued)
United States Department of Justice
Office of Immigration Litigation
P.O. Box 878, Ben Franklin Station
Washington, D.C. 20044
Attorneys for Respondent
ORDER AMENDING PUBLISHED OPINION
AMBRO, Circuit Judge
IT IS NOW ORDERED that the published Opinion in the above case filed
August 12, 2005, be amended as follows:
On page 7, replace the entire paragraph in the middle of the page beginning
“Because Paripovic’s deportation . . . (Sept. 30, 1996).”, with the following:
At the time Paripovic’s petition for review (which relates to
deportation proceedings begun prior to April 1, 1997) was
filed, our jurisdiction arose from the former Immigration and
Nationality Act (“INA”) § 106(a) and was governed by the
“transitional rules” of § 309(c) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996, Pub. L.
No. 104-208, 110 Stat. 3009 (Sept. 30, 1996). On May 11,
2005, Congress enacted The REAL ID Act, which provides,
inter alia, that a “petition for review filed under former
section 106(a) of the Immigration and Nationality Act
. . . shall be treated as if it had been filed as a petition for
review under [8 U.S.C. § 1252], as amended by this section.”
REAL ID Act § 106(d), 119 Stat. 310-311 (May 11, 2005).
Thus, our jurisdiction now arises under 8 U.S.C. § 1252, as
amended by The REAL ID Act. Cf. Elia v. Gonzales, __ F.3d
__, 2005 WL 1903723 at *3 (6th Cir. July 22, 2005).
By the Court,
/s/ Thomas L. Ambro, Circuit Judge
Dated: August 29, 2005

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