The Third Circuit has determined that DHS does not provide an individual subject to a Final Administrative Removal Order with the opportunity to contest the legal determination that a cited conviction is an aggravated felony. As such, the federal appeals court has jurisdiction to consider that challenge even if it wasn’t raised to the agency below. In addition, the Court determined that a Pennsylvania conviction for receipt of stolen property is a categorical match to the definition of a theft-related aggravated felony.
The full text of Barradas Jacome v. Attorney General can be found here: