United States Second Circuit

A petition for review of a Board of Immigration Appeals decision, which determined that petitioner was removable from the United States for committing an aggravated felony, is denied, where: 1) if it were not for the recidivist sentence enhancement which resulted in a three year sentence, the maximum term of imprisonment for petitioner's offense would have been less than the one year term necessary to find for aggravated felony under 8 U.S.C. section 1101(a)(43)(G) of the Immigration and Nationality Act; and 2) it is the actual sentence imposed, inclusive of recidivist enhancements, that is considered for the purposes of an 8 U.S.C. section 1101(a)(43)(G) aggravated felony determination.

Appellate Information

• Decided 08/12/2014
• Published 08/12/2014

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel