United States Second Circuit

Order finding petitioner deportable under 8 U.S.C. section 1227(a)(1)(A) is vacated because no "rational factfinder" could conclude that evidence of a colloquy between petitioner and an Immigration Judge constituted an admission of a prior conviction in Jamaica, and that a faxed photocopy of petitioner's "rap sheet" from Jamaican police constitutes clear evidence that petitioner had two "convictions."

Appellate Information

• Decided 03/27/2006
• Published 03/28/2006

Judges

• SACK, Circuit Judge., Before:  McLAUGHLIN and SACK, Circuit Judges, and KOELTL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Mark T. Kenmore, Buffalo, NY, for Petitioner.


• For Appellees:
  
• Gregory R. Miller, United States Attorney for the Northern District of Florida (E. Bryan Wilson, Assistant United States Attorney, of counsel), Tallahassee, FL, for Respondent.