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DALTON v. ASHCROFT

No. 00-4123.

257 F.3d 200 (2001)

Thomas Anthony DALTON, Petitioner, v. John ASHCROFT, Attorney General of the United States; Immigration and Naturalization Service, Respondents.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: July 20, 2001.

Errata filed August 2, 2001.

Attorney(s) appearing for the Case

Mark T. Kenmore, Buffalo, NY, for Petitioner.

Meredith E. Kotler, Assistant United States Attorney, New York, NY, (Mary Jo White, United States Attorney, Diogenes P. Kekatos and Jeffrey S. Oestericher, Assistant United States Attorneys, of counsel), for Respondents.

Before JOHN M. WALKER, Jr., Chief Judge, OAKES and PARKER, Circuit Judges.

OAKES, Senior Circuit Judge:

Petitioner was ordered removed from the United States under § 237(a)(2)(A)(iii) of the Immigration and Nationality Act of 1952 ("INA"), codified at 8 U.S.C. § 1227(a)(2)(A)(iii)(2000), as an alien convicted of an "aggravated felony" based upon his New York State felony conviction for operating a vehicle while intoxicated ("DWI").1 Petitioner claims that his conviction does not amount to a "crime of...

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