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PIERRE v. HOLDER

Docket No. 08-6217-ag.

588 F.3d 767 (2009)

Frantzcia PIERRE, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: December 8, 2009.

Attorney(s) appearing for the Case

Sarah Loomis Cave, Hughes Hubbard & Reed LLP, New York, NY, for Petitioner.

Edward E. Wiggers, Attorney, Office of Immigration Litigation (John S. Hogan, Senior Litigation Counsel, on the brief), for Tony West, Assistant Attorney General, Civil Division, United States Department of Justice, Washington, DC, for Respondent.

Before: WALKER and KATZMANN, Circuit Judges, and COTE, District Judge.

JOHN M. WALKER, JR., Circuit Judge:

Frantzcia Pierre appeals from an order of the Board of Immigration Appeals ("BIA") dated November 25, 2008, finding her removable as an aggravated felon as defined under subsections M and U of section 101(a)(43) of the Immigration and Nationality Act ("INA"), 8 U.S.C. §§ 1101(a)(43)(M), (U). This case calls upon us to determine two questions: (1) whether subsection U is a necessarily included offense to a charge of removability...

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