United States Second Circuit

Petition for review of BIA's vacation of order of IJ granting application for adjustment of status under 8 U.S.C. section 1255 is denied in part and dismissed in part over claims that: 1) the BIA erred in considering petitioner's New York State conviction for armed robbery, which resulted in a "Youthful Offender Adjudication," when deciding whether to reverse the IJ; and 2) the BIA exceeded its authority by engaging in impermissible factfinding in violation of a regulation requiring the BIA to accept the facts found by an IJ unless they are "clearly erroneous."

Appellate Information

• Decided 09/08/2006
• Published 09/11/2006

Judges

• PER CURIAM., Before McLAUGHLIN, CABRANES, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Earl Ian Laidlow, New York, NY, for Petitioner.


• For Appellees:
  
• John F. Salan, Assistant United States Attorney (Margaret M. Chiara, United States Attorney, on the brief), United States Attorney's Office for the Western District of Michigan, Grand Rapids, MI, for Respondent.