21-6208 Debique v. Garland United States Court of Appeals for the Second Circuit August Term 2022 Submitted: December 13, 2022 Decided: January 27, 2023 No. 21-6208 WAYNE PATRICK DEBIQUE, Petitioner, v. MERRICK B. GARLAND, United States Attorney General Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Before: SACK, PARKER, and PARK, Circuit Judges. Petitioner Wayne Patrick Debique seeks review of a decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an order of an Immigration Judge (“IJ”) finding him removable under the Immigration and Nationality Act (“INA”). The IJ and BIA concluded that Debique is removable because his prior conviction for sexual abuse in the second degree under N.Y. Penal Law § 130.60(2) is both (1) “sexual abuse of a minor,” 8 U.S.C. § 1101(a)(43)(A), which is an “aggravated felony” under 8 U.S.C. § 1227(a)(2)(A)(iii); and (2) “a crime of child abuse, child neglect, or child abandonment” under 8 U.S.C. § 1227(a)(2)(E)(i). We dismiss Debique’s petition in part and deny it in part. First, a conviction under N.Y. Penal Law § 130.60(2) constitutes “sexual abuse of a minor.” See Rodriguez v. Barr, 975 F.3d 188 (2d Cir. 2020) (per curiam); Acevedo v. Barr, 943 F.3d 619 (2d Cir. 2019). “Sexual abuse of a minor” is defined as an “aggravated felony” under the INA, and we lack jurisdiction to review a final order of removal against an alien who committed an “aggravated felony.” See 8 U.S.C. § 1252(a)(2)(C). We therefore dismiss Debique’s petition in part. Second, Debique has abandoned any arguments as to whether N.Y. Penal Law § 130.60(2) constitutes a “crime of child abuse,” so we decline to reach the issue and deny this aspect of the petition. Debique’s petition is thus DISMISSED in part and DENIED in part. Judge Park concurs in a separate opinion. Abadir Jama Barre, Barre Law, LLC, New York, NY, for Petitioner. Brian Boynton, Acting Assistant Attorney General; Jennifer J. Keeney, Assistant Director, Criminal Immigration Team, Office of Immigration Litigation; Rebekah Nahas, Senior Litigation Counsel, Criminal Immigration Team, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, for Respondent. 2 PER CURIAM: Petitioner Wayne Patrick Debique seeks review of a March 26, 2021 decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal from the October 29, 2020 order of an Immigration Judge (“IJ”) finding him removable under Sections 237(a)(2)(A)(iii) and 237(a)(2)(E)(i) of the Immigration and Nationality Act (“INA”), 1 denying his application for cancellation of removal under section 240A(a)(3) of the INA, 2 and ordering him removed. In re Debique, No. A099-985-678 (B.I.A. Mar. 26, 2021), aff’g No. A099-985-678 (Immigr. Ct. N.Y.C. Oct. 29, 2020). In his petition for review, Debique argues that the BIA and IJ erred because Debique’s New York state conviction for second-degree sexual abuse under N.Y. Penal Law § 130.60(2) is not “an aggravated felony” under 8 U.S.C. § 1227(a)(2)(A)(iii) or “a crime of child abuse, child neglect, or child abandonment” under 8 U.S.C. § 1227(a)(2)(E)(i). Debique also seeks …
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