United States Second Circuit

Petition for review of order to have petitioner removed on the grounds that his conviction for third-degree burglary was a crime involving moral turpitude is vacated as although the IJ and BIA properly concluded that petitioner pled to a burglary with the intent to commit larceny, it was improper for the BIA to have inferred from the plea colloquy that petitioner intended a larceny offense involving a permanent, rather than a temporary, taking of property for the purpose of determining whether petitioner committed a CIMT.

Appellate Information

• Decided 12/12/2007
• Published 12/12/2007

Judges

• Before:  CALABRESI, POOLER and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Justin Conlon (Michael Boyle, on the brief), North Haven, CT, for petitioner.


• For Appellees:
  
• Sandra S. Glover, Assistant United States Attorney, (William J. Nardini, on the brief), for Kevin J. O'Connor, United States Attorney for the District of Connecticut, New Haven, CT, for respondent.