United States Second Circuit

Order of removal on grounds petitioner's conviction for third-degree burglary, in violation of Conn. Gen. Stat. section 53a-103, was a crime involving moral turpitude within the meaning of 8 U.S.C. section 1182(a)(2)(A)(i)(I) is vacated where 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. (Amended)

Appellate Information

• Decided 12/12/2008
• Published 01/30/2008

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.