18-1081-ag Omar Everton Dale v. William P. Barr, United States Attorney General UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 2019 (Argued: November 4, 2019 Decided: July 23, 2020) Docket No. 18-1081 OMAR EVERTON DALE, AKA OMAR DALE, Petitioner, v. WILLIAM P. BARR, UNITED STATES ATTORNEY GENERAL, Respondent. On Petition for Review of a Final Order of the Board of Immigration Appeals. Before: SACK AND HALL, Circuit Judges, AND RAKOFF, District Judge. 1 Petitioner Omar Everton Dale seeks review of two decisions of the Board of Immigration Appeals, the first of which affirmed a decision by an Immigration Judge ordering Dale removed from the country pursuant to the Immigration and Nationality Act; and the second of which affirmed a decision by an Immigration 1Judge Jed S. Rakoff, of the United States District Court for the Southern District of New York, sitting by designation. 18-1081-ag Omar Everton Dale v. William Barr, United States Attorney General Judge denying Dale’s motion to reopen his immigration case. Dale raises two arguments in his petition for review. First, he contends that a former provision of the Immigration and Nationality Act that, although it has been repealed and replaced by a new law, remains applicable to him, violates his right to equal protection under the Constitution by not allowing him to derive citizenship through his father's naturalization when it would have allowed him to derive citizenship had his mother naturalized. Second, Dale asserts that if we disagree with his equal protection argument, we should nonetheless remand his case to the BIA for it to consider, in the first instance, whether his conviction for assault in the second degree under NYPL § 120.05(2) is an aggravated felony crime of violence. Because both arguments are precluded by previous decisions of this Court, the petition for review is: DENIED. JUDGE RAKOFF filed a concurring opinion. NICHOLAS J. PHILLIPS, Prisoners' Legal Services of New York, Buffalo, NY, for Petitioner. SARAH A. BYRD (Joseph H. Hunt and Linda S. Wernery, on the brief), Office of Immigration Litigation, United States 2 18-1081-ag Omar Everton Dale v. William Barr, United States Attorney General Department of Justice, Washington, D.C., for Respondent. Sack, Circuit Judge: Petitioner Omar Everton Dale ("Dale") seeks review of two decisions by the United States Board of Immigration Appeals ("BIA"), the first of which affirmed a decision by an Immigration Judge ("IJ") ordering him removed from the country pursuant to the Immigration and Nationality Act 2 (the "INA"), 8 U.S.C. § 1227; and the second of which affirmed a decision by an IJ denying his motion to reopen his case. Dale raises two arguments in his petition for review: that a former provision of the INA that remains applicable to him violates his constitutional right to equal protection by not allowing him to derive citizenship through his father's naturalization when it would have allowed him to derive citizenship had his mother naturalized; and, in the alternative, that we should return the matter to the BIA to determine in ...
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