United States Second Circuit

In a petition for review of a BIA order finding petitioner ineligible for relief from removal, the petition is denied where: 1) petitioner did not establish prima facie eligibility for naturalization; and 2) he was barred from relief under Section 212(c) of the Immigration and Nationality Act by virtue of Section 511(a) of the Immigration Act of 1990, because he had been previously convicted of an aggravated felony.

Appellate Information

• Argued 06/02/2009
• Decided 09/01/2009
• Published 09/01/2009

Judges

• DENNIS JACOBS, Chief Judge:, Before JACOBS, Chief Judge, KEARSE and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Matthew L. Guadagno (Ruchi Thaker, Jules E. Coven, Kerry W. Bretz on the brief), Bretz & Coven LLP, New York, NY, for Petitioner.


• For Appellees:
  
• Natasha Oeltjen, Assistant United States Attorney (Sarah S. Normand, Assistant United States Attorney on the brief) for Lev L. Dassin, Acting United States Attorney for the Southern District of New York, New York, NY, for Respondents.