BRISSETT v. ASHCROFT

Docket No. 01-4168.

363 F.3d 130 (2004)

Calvin Anthony BRISSETT, Petitioner, v. John ASHCROFT, Attorney General of the United States, and Immigration and Naturalization Service, Respondents.

United States Court of Appeals, Second Circuit.

Decided: April 2, 2004.


Attorney(s) appearing for the Case

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

Megan L. Brackney, Assistant United States Attorney for the Southern District of New York (James B. Comey, United States Attorney for the Southern District of New York, on the brief; Sara L. Shudofsky, Assistant United States Attorney, of counsel), New York, NY, for respondent.

Before: LEVAL, SOTOMAYOR, and WESLEY, Circuit Judges.


SOTOMAYOR, Circuit Judge.

Petitioner Calvin Brissett ("Brissett") appeals from an order of the Board of Immigration Appeals ("BIA"), finding him removable under 8 U.S.C. §§ 1227(a)(2)(A)(iii) and 1227(a)(2)(B)(i), as an alien convicted of an aggravated felony and a controlled substance offense. Brissett argues that, because his parents, who were Jamaican nationals living in New York, separated in 1972, he acquired citizenship automatically upon his mother...

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