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THOMAS v. ATTORNEY GENERAL OF U.S.

No. 08-4706.

625 F.3d 134 (2010)

Omar THOMAS, Petitioner v. ATTORNEY GENERAL OF the UNITED STATES.

United States Court of Appeals, Third Circuit.

Filed: October 26, 2010.

Attorney(s) appearing for the Case

Sandra L. Greene , Greene Fitzgerald Advocates and Consultants, York, PA, for Petitioner.

Patrick J. Glen , Thomas W. Hussey , Glen T. Jaeger , United States Department of Justice, Office of Immigration Litigation, Civil Division, Washington, DC, for Respondent.

Before: SLOVITER, BARRY, and SMITH, Circuit Judges.

OPINION

SMITH, Circuit Judge.

The Board of Immigration Appeals (BIA) dismissed Omar Thomas's appeal from a decision of the Immigration Judge (IJ) finding him removable. The BIA concluded that Thomas's misdemeanor convictions under New York Penal Law § 221.40 constituted aggravated felonies. Thomas then filed a petition for review with this court. Simultaneously, Thomas sought reconsideration by the BIA of its dismissal of his appeal. The BIA granted...

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