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WHYTE v. LYNCH

No. 14-2357.

807 F.3d 463 (2015)

Anthony McKay WHYTE, Petitioner, v. Loretta E. LYNCH, Attorney General of the United States, Respondent.

United States Court of Appeals, First Circuit.

December 9, 2015.

Attorney(s) appearing for the Case

Virginia Benzan , pro bono, Suffolk University Law School, Immigration Clinic, was on brief, for petitioner.

Anthony W. Norwood , Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, with whom Lisa Morinelli , Attorney, Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Civil Division, and Greg D. Mack , Senior Litigation Counsel, Office of Immigration Litigation, were on brief, for respondent.

Sejal Zota , on brief for the National Immigration Project of the National Lawyers Guild and the Immigrant Defense Project, as amicus curiae in support of petitioner.

Before TORRUELLA, LYNCH, and KAYATTA, Circuit Judges.

Permanent resident non-citizens such as petitioner Anthony Whyte are removable under United States immigration laws if they are convicted of an "aggravated felony" under 8 U.S.C. § 1227(a)(2)(A)(iii). An "aggravated felony" includes any offense defined in 18 U.S.C. § 16 as a "crime of violence," for which the term...

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