BURKE v. MUKASEY

No. 06-60710.

509 F.3d 695 (2007)

Andrade BURKE, also known as C. Burke, also known as Andiade Burke, also known as Andiade Indian, also known as Andre Burke, Petitioner, v. Michael B. MUKASEY, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

December 10, 2007.


Attorney(s) appearing for the Case

Andrade Burke, Oakdale, LA, pro se.

Saul Greenstein, Thomas Ward Hussey, Dir., John Clifford Cunningham, U.S. Dept. of Justice, OIL, Washington, DC, Trey Lund, U.S. Imm. & Customs Enforcement, Field Office Dir., Attn: Carl Perry, New Orleans, LA, Edward J. McElroy, U.S. INS, Sean Cenawood, New York City, for Respondent.

Before JOLLY, HIGGINBOTHAM and ELROD, Circuit Judges.


PER CURIAM:

Andrade Burke, a Jamaican citizen, appeals the order of the Board of Immigration Appeals ("BIA") affirming his removal from the United States. Burke was found removable in a proceeding before an Immigration Judge as an alien convicted of an aggravated felony. He argues that the offense for which he was convicted, criminal possession of stolen property in the third degree in violation of N.Y. Penal Law § 165.50, does not qualify as a "theft offense...

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