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ACCARDO v. U.S. ATTY. GEN.

No. 09-15446. Non-Argument Calendar.

634 F.3d 1333 (2011)

Agostino ACCARDO, Petitioner, v. U.S. ATTORNEY GENERAL, Respondent.

United States Court of Appeals, Eleventh Circuit.

March 10, 2011.

Attorney(s) appearing for the Case

Amanda E. Gray , Bretz & Coven, LLP, New York City, for Petitioner.

James A. Hurley , Tracey N. McDonald , Ernesto H. Molina, Jr. , U.S. Dept. of Justice, Civ. Div. OIL, Washington, DC, for Respondent.

Before CARNES, PRYOR and COX, Circuit Judges.

CARNES, Circuit Judge:

Agostino Accardo, a native and citizen of Italy, seeks review of the final order of removal by the Board of Immigration Appeals and the Board's interim order, which found that Accardo was subject to removal under the Immigration and Nationality Act because he had been convicted of an "aggravated felony." The Board concluded that a violation of 18 U.S.C. § 892(a) is categorically a crime of violence. We disagree with the Board's conclusion...

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