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DALE v. HOLDER

No. 08-60661.

610 F.3d 294 (2010)

Carlyle Leslie Owen DALE, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

June 24, 2010.

Attorney(s) appearing for the Case

Wendy Netter Epstein (argued), Jeffrey John Freeman, Kirkland & Ellis, L.L.P., Chicago, IL, Charles Roth, Chicago, IL, for Petitioner.

Jeffery Randolph Leist, Trial Atty. (argued), Tangerlia Cox, Thomas Ward Hussey, Director, Ernesto Horacio Molina, Jr., Dept. of Justice, Office of Immigration Lit., Washington, DC, Trey Lund, Immigration and Customs Enforcement, Field Office Director, New Orleans, LA, for Respondent.

Before JONES, Chief Judge, and SMITH and ELROD, Circuit Judges.

JENNIFER WALKER ELROD, Circuit Judge:

Carlyle Leslie Owen Dale petitions this court for review of a decision by the Board of Immigration Appeals (BIA) upholding his order of removal under 8 U.S.C. § 1101(a)(43)(F) for being convicted of an aggravated felony (a crime of violence). Dale contends that the BIA incorrectly interpreted New York law in determining that his guilty plea to attempted assault under New York Penal Law § 120.10(1)-(4) in New York state...

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