Garcia v. Sessions

14-3775 Garcia 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. 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 22nd day of January, two thousand eighteen. 4 5 PRESENT: JOHN M. WALKER, JR., 6 ROBERT D. SACK, 7 DENNY CHIN, 8 Circuit Judges. 9 ----------------------------------------------------------------------- 10 ALEJANDRO GARCIA GARCIA, AKA ALEJANDRO 11 GARCIA, AKA ALEJANDRA GARCIA, AKA ALEX 12 GARCIA, AKA, ALEXJENDRO GARCIA, AKA 13 ALEXANDRO GARCIA, AKA ALEZ GARCIA, AKA 14 GARCIA ALEJANDRO, 15 Petitioner, 16 17 v. No. 14-3775 18 19 JEFFERSON B. SESSIONS III, U.S. Attorney General, 20 Respondent. 21 ----------------------------------------------------------------------- 22 APPEARING FOR PETITIONER: DANIEL E. WENNER, Day Pitney LLP, 23 Hartford, CT. 24 25 APPEARING FOR RESPONDENT: TIM RAMNITZ, attorney (Benjamin C. Mizer, 26 Assistant Attorney General, Shelley R. Goad, 27 Assistant Director, on the brief), Office of 1 1 Immigration Litigation, Civil Division, United 2 States Department of Justice, Washington, D.C. 3 Alejandro Garcia Garcia (“Garcia”) petitions for review of his order of removal to 4 the Dominican Republic. Upon due consideration, it is hereby ORDERED that the petition 5 is GRANTED and the decision of the Board of Immigration Appeals is VACATED and 6 the case is REMANDED for such further proceedings as may be appropriate in the 7 circumstances and consistent with this order. 8 On January 14, 2013, the government instituted removal proceedings against 9 Garcia, a Dominican Republic national who was lawfully brought into the United States in 10 1965 as a thirteen-month old. The IJ found Garcia removable because of five prior 11 convictions: 1) a 1993 conviction for attempted criminal sale of a controlled substance in 12 the fifth degree for attempting to sell PCP in violation of New York Penal Law 13 (“N.Y.P.L.”) §§ 110.00 and 220.31; 2) a September 1996 conviction for theft of services 14 for jumping a subway turnstile in violation of N.Y.P.L. § 165.15; 3) a December 1996 15 conviction for the same thing; 4) a 1998 conviction for attempted assault in the third degree 16 in violation of N.Y.P.L. §§ 110.00 and 120.00; and 5) a 1999 conviction for petit larceny 17 in violation of N.Y.P.L. § 155.25. The IJ found that 1) the PCP conviction constituted an 18 aggravated felony under 8 U.S.C. § 1101 (a)(43)(B); 2) the assault conviction had ...

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