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HENRY v. BUREAU OF IMMIGRATION & CUSTOMS ENFORCE.

No. 05-3064.

493 F.3d 303 (2007)

Derick Anthony HENRY, Petitioner v. BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT, Respondent.

United States Court of Appeals, Third Circuit.

Filed: July 11, 2007.

Attorney(s) appearing for the Case

Ronald P. Schiller, Esquire, Jacqueline R. Dungee, Esquire, (Argued), DLA Piper U.S. LLP, Philadelphia, PA, for Petitioner.

Linda S. Wernery, Esquire, Douglas E. Ginsburg, Esquire, Thankful T. Vanderstar, Esquire, Alison M. Igoe, Esquire, John D. Williams, Esquire, Ada E. Bosque, Esquire, (Argued), United States Department of Justice, Office of Immigration Litigation Washington, DC, for Respondent.

Before: SMITH and COWEN, Circuit Judges, and YOHN, District Judge.

OPINION OF THE COURT

YOHN, District Judge.

Derick A. Henry petitions for review of a final order by the Board of Immigration Appeals ("BIA") that ordered Henry removed. The BIA held that Henry's conviction of criminal possession of a weapon in the second degree under New York Penal Law Section 265.03 (" § 265.03") constitutes a crime of violence under 18 U.S.C. § 16(b) and, therefore, an aggravated felony...

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