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BRATHWAITE v. GARLAND

No. 20-27 August Term 2020.

3 F.4th 542 (2021)

Aldwin Junior BRATHWAITE, aka Aldwin Brathwaite, Aka John Thomas, aka Aldwin J. Braithwaite, aka Aldwin Junior Brathwaite Byer, Petitioner, v. Merrick B. GARLAND, United States Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: July 1, 2021.

Attorney(s) appearing for the Case

John Peng, Esq. , ( Nicholas J. Phillips, Esq. , Joseph Moravec, Esq. , on the brief), Prisoners' Legal Services of New York, Buffalo, New York, for Petitioner.

Keith I. Mcmanus , ( Jessica E. Burns , on the brief), U.S. Department of Justice, Office of Immigration Litigation, for Brian Boynton , Assistant Attorney General, Civil Division, Washington, District of Columbia, for Respondent.

Mark Vorkink , ( Paul Skip Laisure , on the brief), New York, New York, for Appellate Advocates, The Legal Aid Society of Nassau County, The Office of The Appellate Defender, and The Chief Defenders Association of New York, Amici Curiae in support of Petitioner.

Before: Calabresi, Raggi, and Chin, Circuit Judges.

Under the Immigration and Nationality Act ("INA"), a noncitizen may be ordered removed on the basis of a qualifying "conviction." See 8 U.S.C. § 1227(a)(2). Before 1996, the INA did not define "conviction." But for decades, federal courts and the BIA followed the principle, first set forth by the Supreme Court...

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