Thompson v. Barr, 051319 FED2, 17-3494-ag

Docket Nº:17-3494-ag
Opinion Judge:PER CURIAM.
Party Name:Chike Abayomi Thompson, AKA Chike Thompson, Petitioner, v. William P. Barr, United States Attorney General, Respondent.
Attorney:Chike Abayomi Thompson, pro se, Brooklyn, New York, for Petitioner. Song E. Park, Senior Litigation Counsel; Joseph H. Hunt, Assistant Attorney General; Cindy S. Ferrier, Assistant Director; Civil Division, United States Department of Justice, Washington, DC, for Respondent.
Judge Panel:Before: Kearse, Wesley, and Chin, Circuit Judges.
Case Date:May 13, 2019
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Chike Abayomi Thompson, AKA Chike Thompson, Petitioner,

v.

William P. Barr, United States Attorney General, Respondent.

No. 17-3494-ag

United States Court of Appeals, Second Circuit

May 13, 2019

Argued: May 2, 2019

On Petition for Review from the Board of Immigration Appeals

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; Joseph H. Hunt, Assistant Attorney General; Cindy S. Ferrier, Assistant Director; Civil Division, United States Department of Justice, Washington, DC, for Respondent.

Before: Kearse, Wesley, and Chin, Circuit Judges.

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 (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 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...

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