BROOKS v. HOLDER

Docket No. 09-3805-ag.

621 F.3d 88 (2010)

Samuel David BROOKS, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: September 17, 2010.


Attorney(s) appearing for the Case

Thomas H. Nooter , Freeman, Nooter & Ginsberg, New York, NY, for Petitioner.

Daniel I. Smulow , Trial Attorney ( Tony West , Assistant Attorney General, Lyle D. Jentzer , Senior Litigation Counsel, of counsel), Office of Immigration Litigation, U.S. Department of Justice, Washington, DC, for Respondent.

Before KATZMANN, HALL, CHIN, Circuit Judges.


PER CURIAM:

In the case at hand, we decide whether a New York State conviction of one count of criminal possession of a weapon in violation of N.Y. Penal Law § 265.03(1)(b) satisfies the definition of a "crime of violence" under 18 U.S.C. § 16 such that petitioner in deportation proceedings was removable and also ineligible for cancellation of removal. We find that it does and thus deny the petition for review.

Petitioner Samuel David Brooks is a...

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