The Second Circuit granted in part the petition for review, holding that the BIA should have applied the categorical approach to determine whether the petitioner’s N.Y. Penal Law §220.31 conviction was an aggravated felony under the INA, because §220.31 defines a single crime and is therefore an indivisible statute. Applying the categorical approach, the court concluded that the petitioner’s conviction under N.Y. Penal Law §220.31 did not constitute a drug-trafficking aggravated felony and thus did not bar the petitioner from seeking cancellation of removal and asylum.
Tags:categorical approachcriminal immigrationdivisible statutedrug crimemodified categorical approach
Home » Immigration Articles » l: Court Finds BIA Erred in Barring Cancellation and Asylum Applications of Petitioner Convicted Under NY Penal Law §220.31
l: Court Finds BIA Erred in Barring Cancellation and Asylum Applications of Petitioner Convicted Under NY Penal Law §220.31
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