United States Second Circuit

In a petition for review of the BIA's order removing petitioner from the U.S. for committing an aggravated felony, the petition is granted where: 1) petitioner was not charged, either explicitly or implicitly, with an aggravated felony as defined by 8 U.S.C. section 101(a)(43)(U); 2) subsection U is not a necessarily included offense under subsection M of the same statute; and 3) petitioner therefore was denied her due process rights of notice and an opportunity to be heard when the BIA sua sponte found her removable on the basis of her conviction for an aggravated felony as defined by subsection U.

Appellate Information

• Decided 12/08/2009
• Published 12/08/2009

Judges

• JOHN M. WALKER, JR., Circuit Judge:, Before:  WALKER and KATZMANN, Circuit Judges, and COTE, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Sarah Loomis Cave, Hughes Hubbard & Reed LLP, New York, NY, for Petitioner.


• For Appellees:
  
• Edward E. Wiggers, Attorney, Office of Immigration Litigation (John S. Hogan, Senior Litigation Counsel, on the brief), for Tony West, Assistant Attorney General, Civil Division, United States Department of Justice, Washington, DC, for Respondent.