United States Second Circuit

Petition for review of decision ordering Ukranian citizen-petitioner to be removed for conviction of an aggravated felony is granted and the Board of Immigration Appeals (BIA) decision is vacated and remanded where: 1) the BIA decision departed, with insufficient reason, from the legal framework that the court has long used to decide whether an alien charged with removability under 8 U.S.C. section 1227(a)(2)(A)(iii) has been convicted of an aggravated felony; and 2) it was unclear what result the BIA would reach under the proper framework.

Appellate Information

• Decided 09/25/2008
• Published 09/25/2008

Judges

Court

• United States Second Circuit

Counsel