2001 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

10-30-2001

Francis v. Reno

Precedential or Non-Precedential:

Docket 00-2375

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Recommended Citation

"Francis v. Reno" (2001). 2001 Decisions. Paper 250.

http://digitalcommons.law.villanova.edu/thirdcircuit_2001/250
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 
 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." 

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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