Joseph Privett v. Secretary, DHS, et al


OPINION and JUDGMENT filed : The district court s grant of defendants motion to dismiss for lack of jurisdiction with regard to the question of whether Joseph Privett was subject to the Adam Walsh Act is REVERSED, its dismissal of the other claims for want of jurisdiction is AFFIRMED, and the case is REMANDED for further fact-finding to determine whether the underlying conviction did indeed involve a minor. Decision for publication. R. Guy Cole, Jr., Chief Judge (CONCURRING IN PART AND DISSENTING IN PART); Danny J. Boggs (AUTHORING) and Eugene E. Siler, Jr., Circuit Judges.

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Case: 16-3243 Document: 25-1 Filed: 07/26/2017 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Deborah S. Hunt Clerk 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Tel. (513) 564-7000 Filed: July 26, 2017 Ms. Yamileth G. Davila U.S. Department of Justice Office of Immigration Litigation, P.O. Box 878 Washington, DC 20044 Mr. William Bryan King II Office of the U.S. Attorney 221 E. Fourth Street, Suite 400 Cincinnati, OH 45202 Mr. Nicklaus Misiti 40 Wall Street, 28th Floor New York, NY 10005 Re: Case No. 16-3243, Joseph Privett v. Secretary, DHS, et al Originating Case No. : 1:14-cv-00714 Dear Counsel, The court today announced its decision in the above-styled case. Enclosed is a copy of the court's opinion together with the judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure. Yours very truly, Deborah S. Hunt, Clerk Cathryn Lovely Deputy Clerk cc: Mr. Richard W. Nagel Enclosures Mandate to issue.

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