17-3494-ag Thompson v. Garland UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term 2018 (Argued: May 2, 2019 Decided: April 22, 2021) Docket No. 17-3494-ag CHIKE ABAYOMI THOMPSON, AKA CHIKE THOMPSON, Petitioner, - against - MERRICK B. GARLAND, UNITED STATES ATTORNEY GENERAL, Respondent. ON PETITION FOR REVIEW FROM THE BOARD OF IMMIGRATION APPEALS Before: KEARSE, WESLEY, and CHIN, Circuit Judges. Petition for review of a decision of the Board of Immigration Appeals dismissing petitioner's appeal from a decision of an Immigration Judge ordering his removal on the ground that he had been convicted of an aggravated felony crime of violence. On review, petitioner argues that his conviction for second-degree assault under New York Penal Law § 120.05(1) is not a crime of violence as defined in 18 U.S.C. § 16(a). PETITION DENIED. Chike Abayomi Thompson, pro se, Brooklyn, New York, for Petitioner. Song E. Park, Senior Litigation Counsel; Cindy S. Ferrier, Assistant Director; Civil Division, United States Department of Justice, Washington, D.C., for Respondent. PER CURIAM: Petitioner Chike Abayomi Thompson, a native and citizen of Jamaica, seeks review of a decision of the Board of Immigration Appeals ("BIA") dismissing his appeal of a decision of an Immigration Judge ("IJ") ordering his removal on the ground that he had been convicted of an aggravated felony crime of violence. In re Chike Abayomi Thompson, No. A 089 152 207, 2017 WL 6555156 (B.I.A. Oct. 12, 2017), aff’g No. A 089 152 207 (Immig. Ct. Batavia Mar. 1, 2017). In December 2015, Thompson was convicted of the offense of assault in the second degree in violation of New York Penal Law ("NYPL") § 120.05(1). Removal proceedings were initiated in November 2016, and on March 1, 2017, an IJ denied Thompson's motion to terminate the removal proceedings. The IJ also 2 ordered Thompson's removal under 8 U.S.C. § 1227(a)(2)(A)(iii) on the ground that his conviction for violating NYPL § 120.05(1) was an aggravated felony crime of violence under 8 U.S.C. § 1101(a)(43)(F), which defines "crime of violence" by reference to 18 U.S.C. § 16. On October 12, 2017, the BIA affirmed the IJ's decision and dismissed Thompson's appeal. This petition for review followed. 1 Our jurisdiction to review a final order of removal against an alien who was ordered removed because of an aggravated felony is limited to "constitutional claims or questions of law." 8 U.S.C. § 1252(a)(2)(C), (D). Thompson raises a reviewable question of law: whether a conviction under NYPL § 120.05(1) is an aggravated felony crime of violence under 8 U.S.C. § 1101(a)(43)(F) and 18 U.S.C. § 16. The BIA's decision is the subject of our judicial review. Yan Chen v. Gonzales, 417 F.3d 268, 271 (2d Cir. 2005). We review the question of law de novo. Pierre v. Holder, 588 F.3d 767, 772 (2d Cir. 2009). The sole issue before us is whether a conviction under NYPL § 120.05(1) is a crime of violence as defined in 18 U.S.C. § 16(a). 2 Section 16(a) 1 We initially denied this …
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