United States Fourth Circuit

Petition for review of the Board of Immigration Appeals' final order of removal is granted, and the order of removal is vacated and remanded, where the Attorney General: 1) failed to show by clear and convincing evidence that petitioner's prior assault conviction "necessarily rested on facts identifying his second-degree assault offense as a type of assault that qualifies" as a crime of violence; and consequently, 2) has not met his burden of proving petitioner' removability as an aggravated felon.

Appellate Information

• Decided 05/13/2013
• Published 05/13/2013

Judges

• DIAZ

Court

• United States Fourth Circuit

Counsel