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PASCUAL v. HOLDER

Docket No. 12-2798.

723 F.3d 156 (2013)

Manuel PASCUAL, AKA Scarface Gomez, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: July 9, 2013.

Attorney(s) appearing for the Case

Benjamin M. Moss , United States Department of Justice Office of Immigration, Washington, DC, for Respondent.

Thomas E. Moseley , Law Offices of Thomas E. Moseley, Newark, New Jersey, for Petitioner.

David Debold ( William Han , on the brief), Gibson, Dunn & Crutcher LLP, Washington, D.C., Manuel D. Vargas ( Isaac Wheeler , on the brief), Immigrant Defense Project, New York, New York, for amici curiae Immigrant Defense Project, The Bronx Defenders, The Brooklyn Defender Services, The Legal Aid Society, Neighborhood Defender Service Harlem, New York County Defender Services, and Queens Law Associates in support of Petitioner.

Before: JACOBS, Chief Judge, KEARSE and CARNEY, Circuit Judges.

PER CURIAM:

Manuel Pascual, a citizen of the Dominican Republic, seeks rehearing of our denial of his petition for review of a Board of Immigration Appeals (the "Board") decision affirming an immigration judge's ("IJ") ruling that Pascual had been convicted of an aggravated felony, and was therefore ineligible for cancellation of removal. On February 19, 2013, we held that a conviction under New York Penal Law ("NYPL") § 220.39(1) constitutes, categorically,...

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