United States Second Circuit

In removal proceedings against a national of Saint Vincent and the Grenadines who had been convicted of second-degree assault in violation of New York Penal Law section 120.05(2), a petition for review of a BIA order denying cancellation of removal is dismissed, where: 1) the BIA did not err in determining that the conviction was for a "crime of violence" under 18 USC section 16(b) and therefore an aggravated felony for purposes of INA section 101(a)(43)(F), rendering the petitioner ineligible for cancellation of removal; and 2) retroactive application of IIRIRA's amendments to the INA's definition of aggravated felony in his deportation proceedings did not violate the Ex Post Facto Clause.

Appellate Information

• Decided 04/23/2012
• Published 04/23/2012

Judges

• Livingston

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Anne E. Doebler, Kiley L. Kane