United States Second Circuit

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Flores v. Holder, 12‐2406

Petition for review of an order of the Board of Immigration Appeals (BIA) affirming an Immigration Judge's denial of petitioner's motion to continue and his application for asylum, withholding of removal, and relief under the Convention Against Torture is granted in part and denied in part, and the decision of the BIA is vacated and remanded, where: 1) the BIA abused its discretion in denying the motion to continue because it failed to apply the correct legal standard; 2) the BIA erred in its application of the modified categorical approach to determine whether petitioner's convictions for first-degree sexual abuse under New York law constituted aggravated felonies relating to the sexual abuse of a minor; and 3) the BIA did not err in concluding that petitioner had been convicted of a particularly serious crime.

Appellate Information

  • Decided 02/26/2015
  • Published 02/26/2015

Judges

  • Chin

Court

  • United States Second Circuit

Counsel