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GILL v. I.N.S.

Docket No. 03-40612.

420 F.3d 82 (2005)

Shobinder GILL, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICES, Respondent.

United States Court of Appeals, Second Circuit.

Decided: August 18, 2005.

Attorney(s) appearing for the Case

Charles L. Mester, New York, New York, for Petitioner Shobinder Gill.

Dale A. Goldberg, Assistant United States Attorney for the Southern District of Ohio, Dayton, Ohio (Gregory G. Lockhart, United States Attorney, on the brief) for Respondent Immigration and Naturalization Services.

Before: OAKES, JACOBS, and STRAUB, Circuit Judges.

Judge JACOBS dissents in a separate opinion.

STRAUB, Circuit Judge.

Petitioner Shobinder Gill petitions for review of a Board of Immigration Appeals ("BIA") opinion finding Gill removable based on a conviction of a "crime involving moral turpitude" ("CIMT") under 8 U.S.C. § 1227(a)(2)(A)(i). Gill argues that his crime of conviction, attempted reckless assault under New York Penal Law § 120.05(4), is not a CIMT because it requires only a reckless...

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