WAJDA v. HOLDER

No. 12-3978.

727 F.3d 457 (2013)

Mark WAJDA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Sixth Circuit.

Rehearing and Rehearing En Banc Denied September 27, 2013.


Attorney(s) appearing for the Case

ON BRIEF: George E. Ward , Canton, Michigan, for Petitioner. Erica B. Miles , United States Department of Justice, Washington, D.C., for Respondent.

Before: GIBBONS and WHITE, Circuit Judges; COHN, District Judge.


AVERN COHN, District Judge.

This is an immigration case. Mark Wajda ("Wajda") petitions for review of a decision of the Board of Immigration Appeals ("BIA") that denied reconsideration of a final order of removal. The BIA ordered Wajda removed because it determined that his conviction of two counts of second-degree murder (resulting from a drunk driving offense) constituted the aggravated felony offense of "murder" under immigration law. For the reasons that follow...

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