United States Second Circuit

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Wellington v. Holder, 09-4111

In a petition for review of the BIA's decision dismissing petitioner's appeal from the denial of her application for cancellation of removal, the petition is denied where a Certificate of Relief or similar state rehabilitative treatment did not preclude use of the underlying offense as a basis for removal under 8 U.S.C. section 1182(a)(2)(A)(i)(II) or as a basis for ineligibility for cancellation of removal under 8 U.S.C. section 1229b(b)(1), unless the relief was related to a procedural or substantive defect in the criminal proceedings

Appellate Information

  • Decided 10/20/2010
  • Published 10/20/2010


  • Per Curiam


  • United States Second Circuit


  • For Appellant:
  • Eric W. Schultz, Hillel R. Smith