GELMAN v. ASHCROFT

No. 03-4463.

372 F.3d 495 (2004)

Gregory GELMAN, Petitioner, v. John ASHCROFT, United States Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided June 17, 2004.


Attorney(s) appearing for the Case

Dorothy J. Spenner, New York City (Mark S. Cheffo, Beverly A. Farrell, New York City, of counsel), for Petitioner.

Michael R. Holden, Assistant United States Attorney, Southern District of New York, New York City (David N. Kelley, United States Attorney, Meredith E. Kotler, Assistant United States Attorney, Southern District of New York, New York City, of counsel), for Respondent.

Before: FEINBERG, MESKILL and CABRANES, Circuit Judges.


MESKILL, Circuit Judge.

Gregory Gelman petitions for review of a decision of the Board of Immigration Appeals (BIA). The BIA determined that Gelman was removable as an aggravated felon pursuant to 8 U.S.C. § 1227(a)(2)(A)(iii) because he had been convicted in 1988 of arson in the first degree. As a consequence, the BIA dismissed Gelman's appeal from an order of removal issued by an immigration judge (IJ).

Gelman's petition requires us to address whether...

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