United States Second Circuit

Petition for review of IJ's denial of motion to terminate removal proceedings, finding petitioner removable, and denying his application for relief is denied as the BIA did not err since the amendment to petitioner's underlying state conviction was secured solely to aid him in avoiding immigration consequences and was not based on any procedural or substantive defect in the original conviction.

Appellate Information

• Decided 08/03/2007
• Published 08/03/2007

Judges

• FEINBERG, Circuit Judge:, Before:  FEINBERG, SOTOMAYOR, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Eric W. Schultz, Sacks, Kolken & Schultz, Buffalo, NY, for Petitioner.


• For Appellees:
  
• Shane Cargo, Assistant United States Attorney, (Michael J. Garcia, United States Attorney, Sara L. Shudofsky, Assistant United States Attorney, on the brief), United States Attorney's Office for the Southern District of New York, for Respondent.