United States Second Circuit
Lanferman v. Board of Immigration Appeals, 06-3432
Petition for review of an order finding plaintiff removable under the Immigration and Nationality Act for having committed a firearm-related offense in violation of New York Penal Law is granted where, in light of the present court's decision in James, before deciding whether plaintiff committed a removable offense the matter must be remanded to the Board to determine whether New York Penal Law sec. 120.14 is divisible under the modified categorical approach.
Appellate Information
- Decided 08/05/2009
- Published 08/05/2009
Judges
- PER CURIAM:, Before: KEARSE, STRAUB, and POOLER, Circuit Judges.
Court
- United States Second Circuit
Counsel
- For Appellant:
- Adam Paskoff, Paskoff & Tamber, LLP, New York, NY, for Petitioner.
- For Appellees:
- Paul Naman, Assistant United States Attorney, for Matthew D. Orwig, United States Attorney for the Eastern District of Texas, Beaumont, TX, for Respondent.