15-3285-ag Perez Henriquez v. Sessions In the United States Court of Appeals for the Second Circuit AUGUST TERM 2017 No. 15‐3285‐ag MANUEL DE JESUS PEREZ HENRIQUEZ, Petitioner, v. JEFFERSON B. SESSIONS III, UNITED STATES ATTORNEY GENERAL, Respondent. ARGUED: APRIL 17, 2018 DECIDED: MAY 8, 2018 Before: CABRANES AND LOHIER, Circuit Judges, Berman, District Judge.* Judge Richard M. Berman, of the United States District Court for the Southern * District of New York, sitting by designation. Petitioner Manuel De Jesus Perez Henriquez (“petitioner” or “Perez”) seeks review of an October 7, 2015, decision of the BIA affirming an April 20, 2015, decision of an Immigration Judge (“IJ”) ordering his removal. In re Manuel De Jesus Perez Henriquez, No. A036 542 739 (B.I.A. Oct. 7, 2015), aff’g No. A036 542 739 (Immig. Ct. N.Y. City Apr. 20, 2015). Perez was found removable based on his conviction for possession of a controlled substance in the fifth degree in violation of New York Penal Law (“N.Y.P.L.”) § 220.06. He was found ineligible for cancellation of removal based on his conviction for bail jumping, in violation of N.Y.P.L. § 215.57, which the BIA concluded was an aggravated felony. Perez challenges both of these determinations on appeal, arguing that his conviction for possession of a controlled substance in the fifth degree did not render him removable, and that his conviction for bail jumping did not constitute an aggravated felony rendering him ineligible for cancellation of removal. Although we have not previously opined on the bail jumping issue, we reject both arguments. Accordingly, the petition for review is DENIED. MICHAEL RAYFIELD, Mayer Brown LLP, New York, N.Y., for Petitioner. 2 ROBERT MICHAEL STALZER (Julie M. Iversen, on the brief) for Chad A. Readler, Acting Assistant Attorney General, Washington, D.C., for Respondent. JOSÉ A. CABRANES, Circuit Judge: Petitioner Manuel De Jesus Perez Henriquez (“petitioner” or “Perez”) seeks review of an October 7, 2015, decision of the BIA affirming an April 20, 2015, decision of an Immigration Judge (“IJ”) ordering his removal. In re Manuel De Jesus Perez Henriquez, No. A036 542 739 (B.I.A. Oct. 7, 2015), aff’g No. A036 542 739 (Immig. Ct. N.Y. City Apr. 20, 2015). Perez was found removable based on his conviction for possession of a controlled substance in the fifth degree in violation of New York Penal Law (“N.Y.P.L.”) § 220.06. He was found ineligible for cancellation of removal based on his conviction for bail jumping, in violation of N.Y.P.L. § 215.57, which the BIA concluded was an aggravated felony. Perez challenges both of these determinations on appeal, arguing that his conviction for possession of a controlled substance in the fifth degree did not render him removable, and that his conviction for bail jumping did not constitute an aggravated felony rendering him ineligible for cancellation of removal. Although we have not previously opined on the bail jumping issue, we reject both arguments. 3 Accordingly, the petition for review is DENIED. DISCUSSION I. Perez first contends that the BIA erred in finding that his ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals