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Third Circuit Orders Temporary Stay of Removal of Father of Three U.S. Citizens

Published: Nov 28, 2011 10:45 am

The Third Circuit Court of Appeals has ordered a temporary stay of removal of Robert Bautista of Easton, Pennsylvania while he seeks to overturn a deportation order.  Mr. Bautista, a lawful permanent resident for 25 years, is married, has three United States citizen children, and is the owner of transmission business in Allentown, Pennsylvania.

Immigration Court proceedings were instituted against Mr. Bautista in 2010 as a result of a 2003 conviction for Third Degree Attempted Arson.  Mr. Bautista was carrying a gas canister near his own car in a Bronx, New York parking lot.  

Last month the Board of Immigration upheld the immigration court's ruling that Third Degree Attempted Arson is an aggravated felony, thereby barring Mr. Bautista from most forms of relief from removal, and subjecting him to mandatory detention.  He is being held in immigration custody at the York, Pennsylvania Correctional Facility.  

The Third Circuit has issued a stay of removal, but they have not ruled on the underlying legal issue.  As such, Mr. Bautista may still be deported.

I'll keep you posted when more information becomes available.

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