By Sam Galski, Staff Writer

The U.S. Third Circuit Court of Appeals vacated a mandate that declares Hazleton's immigration ordinance unconstitutional, the mayor confirmed Tuesday.

The development comes after the U.S. Supreme Court in June ordered the federal appeals court in Philadelphia to take another look at Hazleton's case.

Hazleton Mayor Joseph Yannuzzi called the development "good news" for the city and puts the city's controversial immigration law back in the hands of the Third Circuit court.

"The initial decision was in favor of the plaintiff - they said it was unconstitutional," Yannuzzi said of the original appeals court ruling last year. "Now they had to vacate that decision and review it again. What it means is that it's going to be some other decision than what it was."

Attorney Kris Kobach, who wrote the law, said the development amounts to the Third Circuit court formally vacating, or erasing, its prior decision.

With the Third Circuit ruling "gone," Kobach said the American Civil Liberties Union and Mexican American Legal Defense & Education Fund will not be able to cite the Third Circuit ruling in Hazleton's case while opposing similar illegal immigration laws that have surfaced in other parts of the country.

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