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OYEBANJI v. GONZALES

No. 03-4143.

418 F.3d 260 (2005)

Larry Ololade OYEBANJI, Appellant v. Alberto GONZALES, Attorney General of the United States of America; Mr. Cathel; the Attorney General of the State of New Jersey *(Amended pursuant to Rule 43(c), Fed. R.App. Pro.).

United States Court of Appeals, Third Circuit.

Filed: August 11, 2005.

Attorney(s) appearing for the Case

Richard Coughlin (argued), Julie A. McGrain, Office of the Federal Public Defender, Camden, N.J., Counsel for Appellant.

Michael A. Chagares (argued), Thomas R. Calcagni, Office of the United States Attorney, Newark, N.J., Counsel for Appellee.

Before: ALITO, SMITH, and WALLACE, Circuit Judges.

ALITO, Circuit Judge.

Larry Ololade Oyebanji appeals from the District Court's order denying his petition for a writ of habeas corpus. Oyebanji challenges a decision of the Board of Immigration Appeals ("BIA") holding that his conviction for vehicular homicide under New Jersey law was a "crime of violence" as defined by 18 U.S.C. § 16 and was thus a ground for removal. In light of the Supreme Court's recent decision in Leocal v. Ashcroft, ___ U.S. ___...

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