United States Second Circuit

In removal proceedings against a lawful permanent resident who had been convicted of embezzlement by a bank employee under 18 USC section 656, a petition for review of a BIA finding of removability is granted, where none of the facts to which the petitioner actually and necessarily pleaded to establish the elements of his embezzlement offense revealed whether that offense was committed with a specific intent to defraud, so it was error for the BIA to infer that the conviction was for an offense involving fraud or deceit and thus an aggravated felony subjecting the petitioner to removal.

Appellate Information

• Decided 05/01/2012
• Published 05/01/2012

Judges

• Katzmann

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Thomas K. Ragland, Gregory Mack