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AKINSADE v. HOLDER

Docket No. 10-0662-ag.

678 F.3d 138 (2012)

Temitope Taju AKINSADE, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: May 1, 2012.

Amended: May 11, 2012.

Attorney(s) appearing for the Case

Thomas K. Ragland , Duane Morris LLP, Washington, D.C., for Petitioner.

Gregory Mack ( Anthony W. Norwood , Senior Litigation Counsel, Terri J. Scadron , Assistant Director, Tony West , Assistant Attorney General, on the brief), Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent.

Before: KATZMANN, CHIN, and CARNEY, Circuit Judges.

KATZMANN, Circuit Judge:

This case requires us to consider whether Temitope Taju Akinsade's ("Akinsade" or "petitioner") record of conviction for embezzlement by a bank employee in violation of 18 U.S.C. § 656 ("§ 656") establishes that he actually and necessarily pleaded to committing an offense that involved fraud or deceit. For the reasons set forth below, we conclude that it was error for the Board of Immigration...

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