The 3d cir held that the "final order" for purposes of appeal was the IJ decision after BIA remand for record checks; which is inconsistent with another 3d Cir decision issued on the same day, and with other circuits to consider the question. On merits, where the Petitioner was a parolee with no regulatory right to renew his AOS application before the IJ, and where USCIS had already denied AOS, there was no error where Board refused to remand to IJ for AOS.
The 3d Cir overturned part of In re A– H–, 23 I. & N. Dec. 774, 788 (A.G. 2005). It found (a) that it had jurisdiction despite remand to IJ for background checks; (b) that the AG's "reasonable person" standard was reasonable construction of the statute; (c) that the AG's standard of whether someone "may be" a danger is inconsistent with the statutory standard that the person "is" a danger; (d) that Congress intended to adopt int'l law norms for determining asylum eligibility; but (e) danger to security is inherently serious, no need to read that word into the statute.
The 3d Cir upheld the BIA decision in Matter of Li, 20 I&N Dec. 700 (BIA 1993) (adopted individual may not petition for natural siblings), agreeing with the 9th circuit in Young v. Reno, 114 F.3d 879, 888 (9th Cir. 1997).
The 3rd Cir, citing Matter of Ozkok, 19 I. & N. Dec. 546 (BIA 1988), found that a conviction on collateral attack is a final conviction for removal purposes, so he was properly removed while attacking his convictions. Mtn to reopen before BIA, arguing that he wasn't an AggFel, was treated as withdrawn when he was deported; CtApp made no comment on that (that order wasn't appealed).
Third Circuit 
