United States Second Circuit

Petition for review of a BIA decision finding petitioner removable for having committed an aggravated felony is granted in part, dismiss in part, and vacated in part where: 1) the BIA's decision on the issue was based on an incorrect premise in assuming that courts treat petitioner's statute of conviction, New York Penal Law section 260.10, as divisible when in fact that is an open question; and 2) reconsideration is warranted as to whether petitioner's conviction for Endangering the Welfare of a Child under New York law constitutes the aggravated felony of sexual abuse of a minor under the INA.

Appellate Information

• Decided 03/25/2008
• Published 03/25/2008

Judges

• CALABRESI, Circuit Judge:, Before:  CALABRESI, CABRANES, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Nita Dobroshi, Law Offices of Spar & Bernstein, P.C. (Michelle Alexander, on the brief), New York, N.Y., for Petitioner.


• For Appellees:
  
• Janice K. Redfern, Office of Immigration Litigation, U.S. Department of Justice, (Peter D. Keisler, Assistant Attorney General, Civil Division, Linda S. Wernery, Assistant Director, on the brief), Washington, D.C., for Respondent.