16‐867 Genego v. Barr 1 UNITED STATES COURT OF APPEALS 2 FOR THE SECOND CIRCUIT 3 ____________________ 4 5 August Term, 2018 6 7 (Argued: January 9, 2019 Decided: May 2, 2019) 8 9 Docket No. 16‐867 10 11 ____________________ 12 13 KWEI GENEGO, aka CYRIL GENEGO, 14 15 Petitioner, 16 17 v. 18 19 WILLIAM P. BARR, UNITED STATES ATTORNEY GENERAL, 20 21 Respondent. 22 23 ____________________ 24 25 Before: CALABRESI and POOLER, Circuit Judges, and RAMOS, District Judge.1 1 Judge Edgardo Ramos, United States District Court for the Southern District of New York, sitting by designation. 1 Kwei Genego, a native and citizen of Ghana, seeks review of a February 24, 2 2016, decision of the Bureau of Immigration Affairs (“BIA”) affirming a March 9, 3 2015, decision of an immigration judge ordering his removal. In re Kwei Genego, 4 No. A047 376 145 (B.I.A. Feb. 24, 2016), aff’g No. A047 376 145 (Immig. Ct. 5 Hartford Mar. 9, 2015). The sole basis for the removal order is Genego’s 6 Connecticut conviction for third‐degree burglary, which the BIA determined was 7 a crime of violence as defined in 18 U.S.C. § 16(b). Subsequently, the Supreme 8 Court handed down its decision in Sessions v. Dimaya finding 18 U.S.C. § 16(b) 9 unconstitutionally vague and thus void. 138 S. Ct. 1204 (2018). Section 16(b) was 10 the only ground for Genego’s removal. On January 10, 2019, this Court filed an 11 order granting Genego’s petition for review, terminating all removal 12 proceedings, and indicating an opinion would follow. 13 Petition granted. 14 ____________________ 15 NANCY E. MARTIN, Collins & Martin, P.C. (Anthony 16 D. Collins, on the brief), Wethersfield, CT, for Petitioner 17 Kwei Genego. 18 19 SONG E. PARK, Senior Litigation Counsel, Office of 20 Immigration Litigation, United States Department of 2 1 Justice, Civil Division (Joseph H. Hunt, Assistant 2 Attorney General; Cindy Ferrier, Assistant Director, on 3 the brief), Washington, DC, for Respondent William P. 4 Barr. 5 6 VALERIE CAHAN, Hughes Hubbard & Reed LLP 7 (Vilia B. Hayes, Sarah L. Cave, Karen M. Chau, on the 8 brief), New York, NY, amicus curiae in support of 9 Petitioner. 10 11 POOLER, Circuit Judge: 12 Kwei Genego, a native and citizen of Ghana, seeks review of a February 24, 13 2016, decision of the Bureau of Immigration Affairs (“BIA”) affirming a March 9, 14 2015, decision of an immigration judge ordering his removal. In re Kwei Genego, 15 No. A047 376 145 (B.I.A. Feb. 24, 2016), aff’g No. A047 376 145 (Immig. Ct. 16 Hartford Mar. 9, 2015). The sole basis for the removal order is Genego’s 17 Connecticut conviction for third‐degree burglary, which the BIA determined was 18 a crime of violence as defined in 18 U.S.C. § 16(b). Subsequently, the Supreme 19 Court handed down its decision in Sessions v. Dimaya finding 18 U.S.C. § 16(b) 20 unconstitutionally vague and thus void. 138 S. Ct. 1204 (2018). Section 16(b) was 21 the only ...
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