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WALCOTT v. CHERTOFF

No. 06-5516-ag.

517 F.3d 149 (2008)

Jermaine WALCOTT, Petitioner, v. Michael CHERTOFF, Secretary, Department of Homeland Security; Michael J. Garcia, Assistant Secretary (designee), U.S. Immigration and Customs Enforcement; Edward J. McElroy, Interim New York City Field Director, U.S. Immigration and Customs Enforcement; Department of Homeland Security; U.S. Immigration and Customs Enforcement, Respondents.

United States Court of Appeals, Second Circuit.

Decided February 19, 2008.

Attorney(s) appearing for the Case

Matthew L. Guadagno, Bretz & Coven, LLP, (Jules E. Coven and Kerry W. Bretz, on the brief), New York, N.Y., for Petitioner.

Andrew M. McNeela, Assistant United States Attorney for Michael J. Garcia, United States Attorney for the Southern District of New York (Ross E. Morrison, Assistant United States Attorney, on the brief), New York, N.Y., for Respondents.

Before: CARDAMONE and POOLER, Circuit Judges, and KEENAN, District Judge.

KEENAN, District Judge:

Introduction

Petitioner Jermaine Walcott ("Petitioner") challenges a September 23, 2002 decision of the Board of Immigration Appeals ("BIA") holding that, pursuant to § 440(d) of the Antiterrorism and Effective Death Penalty Act ("AEDPA"), Pub.L. No. 104-132, 110 Stat. 1214, 1277 (Apr. 24, 1996), his aggravated felony conviction made him ineligible for discretionary relief from deportation under former § 212(c) of the Immigration...

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