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WHYTE v. LYNCH

No. 14-2357.

815 F.3d 92 (2016)

Anthony McKay WHYTE, Petitioner, v. Loretta E. LYNCH, Attorney General of the United States, Respondent.

United States Court of Appeals, First Circuit.

March 21, 2016.

Attorney(s) appearing for the Case

Virginia Benzan , Ragini N. Shah , Suffolk University Law School, Boston, MA, Anthony McKay Whyte , Willimantic, CT, for Petitioner.

Bryan Stuart Beier , Latia N. Bing , Lisa Morinelli , Anthony Wray Norwood , U.S. Dept. of Justice Office of Immigration Litigation, Washington, DC, for Respondent.

Before TORRUELLA, LYNCH, and KAYATTA, Circuit Judges.

ORDER OF COURT

The petition for rehearing is denied. In Chrzanoski v. Ashcroft, 327 F.3d 188 (2d Cir.2003), the Second Circuit held that Conn. Gen. Stat. § 53a-61(a)(1) is not categorically a crime of violence as defined in 18 U.S.C. § 16(a). It reasoned that a person may cause physical injury under the Connecticut statute by "guile, deception or deliberate omission," Chrzanoski, 327 F.3d at 195, without...

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