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ABIMBOLA v. ASHCROFT

Docket No. 02-2632.

378 F.3d 173 (2004)

Rafiu Ajadi ABIMBOLA, Petitioner-Appellant, v. John ASHCROFT, United States Attorney General; James W. Ziglar, Commissioner of Immigration and Naturalization Service; Edward J. McElroy, INS District Director for New York; Christine G. Davis, INS District Director for Louisiana; John P. Weiss, The Office in charge, INS Connecticut, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 5, 2004.

Attorney(s) appearing for the Case

Anil Kalhan, Cleary, Gottlieb, Steen & Hamilton, New York, New York (Wesley Kelman, Lewis J. Liman, MaryAnn J. Sung, of counsel), for Petitioner-Appellant.

Kristen Chapman, Assistant United States Attorney, Brooklyn, New York (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, on the brief; Varuni Nelson, Assistant United States Attorney, of counsel), for Respondents-Appellees.

Before: B.D. PARKER and WESLEY, Circuit Judges, and IRENAS, Senior District Judge.

WESLEY, Circuit Judge:

Background

Petitioner Rafiu Ajadi Abimbola, a citizen of Nigeria, entered the United States in 1991 and was granted lawful permanent resident status on September 8, 1994. In the latter half of the 1990s, Abimbola was charged with several federal and state crimes. On February 24, 1997, Abimbola pleaded guilty in the United States District Court for the Eastern District of New York to bank fraud in violation of 18 U.S.C. § 1344...

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