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MANNING v. BARR

Docket No. 17-2182-ag August Term, 2018.

954 F.3d 477 (2020)

Kenneth MANNING, aka Anthony Manning, aka Bud Manning, aka Kenny Manning, Petitioner, v. William P. BARR, United States Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: March 31, 2020.

Attorney(s) appearing for the Case

EDMUND POLUBINSKI III ( Daniel S. Magy , on the brief), Davis Polk & Wardwell LLP, New York, NY, for Petitioner Kenneth Manning.

SCOTT STEWART ( Carl McIntyre , Assistant Director, Nancy Friedman , Senior Director, on the brief), for Joseph H. Hunt , Assistant Attorney General, Civil Division, United States Department of Justice, Washington, D.C., for Respondent William P. Barr, United States Attorney General.

Judge Sullivan dissents in a separate opinion.

We hold that the jurisdictional provision in 8 U.S.C. § 1252(a)(2)(C), which limits this Court's jurisdiction, applies only to cases where the Immigration Judge ("IJ") has found a petitioner removable based on covered criminal activity, and that it does not apply where a petitioner's order of removal is based solely on...

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