18-1007 Wong v. Barr BIA Loprest, IJ A036 850 251 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. 1 At a stated term of the United States Court of Appeals for the Second Circuit, held 2 at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New 3 York, on the 16th day of June, two thousand twenty. 4 5 PRESENT: 6 BARRINGTON D. PARKER, 7 RICHARD J. SULLIVAN, 8 Circuit Judges, 9 KATHERINE POLK FAILLA, 1 10 District Judge. 11 _____________________________________ 12 13 KWOK SUM WONG, 14 Petitioner, 15 16 v. 18-1007 17 18 WILLIAM P. BARR, UNITED STATES 19 ATTORNEY GENERAL, 20 Respondent. 21 _____________________________________ 22 23 FOR PETITIONER: Margaret W. Wong, Margaret Wong & Associates 24 LLC, Cleveland, OH. 25 26 FOR RESPONDENT: Joseph H. Hunt, Assistant Attorney General; Carl 27 McIntyre, Assistant Director; Andrew Oliveira, Trial 28 Attorney, Office of Immigration Litigation, United 29 States Department of Justice, Washington, DC. 1 Judge Katherine Polk Failla, of the United States District Court for the Southern District of New York, sitting by designation. 1 UPON DUE CONSIDERATION of this petition for review of a Board of Immigration 2 Appeals (“BIA”) decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the 3 petition for review is GRANTED. 4 Petitioner Kwok Sum Wong, a native of Hong Kong and citizen of the People’s Republic 5 of China, seeks review of two decisions of the BIA. The BIA affirmed the April 24, 2015 and 6 February 10, 2012 decisions of an Immigration Judge (“IJ”) ordering Wong’s removal as an alien 7 convicted of two crimes of moral turpitude (“CIMT”) pursuant to 8 U.S.C. § 1227(a)(2)(A)(ii) and 8 finding him ineligible for a waiver pursuant to 8 U.S.C. § 1182(h). In re Kwok Sum Wong, No. 9 A036 850 251 (B.I.A. Mar. 20, 2018, May 15, 2012), aff’g No. A 036 850 251 (Immig. Ct. N.Y. 10 City Apr. 24, 2015, Feb. 10, 2012). We assume familiarity with the facts, procedural history and 11 the issues presented for review. 12 In 2005, Wong was convicted of theft by deception in violation of N.J. Stat. Ann. § 2C:20-4. 13 In 2006, he was convicted of forgery in the second degree in violation of New York Penal Law 14 (“NYPL”) § 170.10. In 2011, the Department of Homeland Security (“DHS”) charged Wong as 15 removable pursuant to 8 U.S.C. § 1227(a)(2)(A)(ii) for having been convicted of two CIMTs. On ...
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