Baez v. Sessions

17-917-ag Baez v. Sessions 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 A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, at 40 Foley Square, in the City of New York, on the 17th day of May, two thousand eighteen. PRESENT: PIERRE N. LEVAL, GERARD E. LYNCH, CHRISTOPHER F. DRONEY, Circuit Judges. ________________________________________________ ROBERTO BAEZ, AKA ROBERTO BAEZ RIJO, Petitioner, v. No. 17-917-ag JEFFERSON B. SESSIONS III, UNITED STATES ATTORNEY GENERAL, Respondent. ________________________________________________ FOR PETITIONER: JOSHUA BARDAVID, Bardavid Law, New York, NY. FOR RESPONDENT: JONATHAN ROBBINS, Senior Litigation Counsel, Office of Immigration Litigation, United States Department of Justice (Chad A. Readler, Acting Assistant Attorney General, Patricia E. Bruckner, Trial Attorney, Office of Immigration Litigation, United States Department of Justice and Erica B. Miles, Senior Litigation Counsel, Office of Immigration Litigation, on the brief), Washington, DC. Appeal from a March 2, 2017, decision of the Board of Immigration Appeals. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED. The Petitioner, Roberto Baez ("Baez"), is a citizen of the Dominican Republic, and a lawful permanent resident ("LPR") of the United States. He petitions this Court for review of the denial of his application for cancellation of removal before the Board of Immigration Appeals ("BIA"). Baez was convicted of three crimes that are relevant to this appeal. On January 29, 1986, Baez was convicted of criminal sale of a controlled substance in the fifth degree, in violation of § 220.31 of the New York Penal Law ("NYPL"). On June 27, 1997, Baez pleaded guilty to criminal possession of a forged instrument in the third degree, in violation of NYPL § 170.20. Finally, on July 14, 1999, Baez pleaded guilty to unlawful possession of marijuana in violation of NYPL § 221.05. On August 3, 2008, Baez applied for admission to this country as an LPR after returning from a trip to the Dominican Republic. Because of his conviction under NYPL § 220.31, the Department of Homeland Security ("DHS") alleged in a Notice to Appear ("NTA") dated February 9, 2009 that Baez was an arriving alien and charged him with removability pursuant to 8 U.S.C. § 1182(a)(2)(A)(i)(I) as an alien convicted of a crime involving moral turpitude ("CIMT") and 8 U.S.C. § 1182(a)(2)(A)(i)(II) as an alien convicted of a controlled substance offense. Baez conceded removability under both charges. In 2013, DHS filed additional ...

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