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AGUIRRE v. I.N.S.

No. 432, Docket 93-4195.

79 F.3d 315 (1996)

Fernando AGUIRRE, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Second Circuit.

Decided March 22, 1996.

Attorney(s) appearing for the Case

Donna L. La Magna, New York City (Arthur S. Linker, Rosenman & Colin, New York City, on the brief), for petitioner.

Diogenes P. Kekatos, Asst. U.S. Atty. (Mary Jo White, U.S. Atty., James A. O'Brien, III, Special Asst. U.S. Atty., Steven M. Haber, Asst. U.S. Atty., New York City, on the brief), for respondent.

Before: NEWMAN, Chief Judge, OAKES and CARDAMONE, Circuit Judges.

JON O. NEWMAN, Chief Judge:

This petition for review of a decision of the Board of Immigration Appeals ("BIA") obliges us to revisit the issue of whether an offense that is a felony under state but not federal law qualifies as an "aggravated felony" for purposes of precluding an alien from consideration for waiver of deportation or asylum. Fernando Aguirre petitions for review of the July 15, 1993, decision of the BIA, ordering his deportation and ruling him ineligible...

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