Wong v. Barr, 061620 FED2, 18-1007

Docket Nº:18-1007
Party Name:KWOK SUM WONG, Petitioner, v. WILLIAM P. BARR, UNITED STATES ATTORNEY GENERAL, Respondent.
Attorney:FOR PETITIONER: Margaret W. Wong, Margaret Wong & Associates LLC, Cleveland, OH. FOR RESPONDENT: Joseph H. Hunt, Assistant Attorney General; Carl McIntyre, Assistant Director; Andrew Oliveira, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, DC.
Judge Panel:PRESENT: BARRINGTON D. PARKER, RICHARD J. SULLIVAN, Circuit Judges, KATHERINE POLK FAILLA, District Judge.
Case Date:June 16, 2020
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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KWOK SUM WONG, Petitioner,

v.

WILLIAM P. BARR, UNITED STATES ATTORNEY GENERAL, Respondent.

No. 18-1007

United States Court of Appeals, Second Circuit

June 16, 2020

UNPUBLISHED OPINION

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 TO 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, 40 Foley Square, in the City of New York, on the 16th day of June, two thousand twenty.

FOR PETITIONER: Margaret W. Wong, Margaret Wong & Associates LLC, Cleveland, OH.

FOR RESPONDENT: Joseph H. Hunt, Assistant Attorney General; Carl McIntyre, Assistant Director; Andrew Oliveira, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, DC.

PRESENT: BARRINGTON D. PARKER, RICHARD J. SULLIVAN, Circuit Judges, KATHERINE POLK FAILLA, 1 District Judge.

UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is GRANTED.

Petitioner Kwok Sum Wong, a native of Hong Kong and citizen of the People's Republic of China, seeks review of two decisions of the BIA. The BIA affirmed the April 24, 2015 and February 10, 2012 decisions of an Immigration Judge ("IJ") ordering Wong's removal as an alien convicted of two crimes of moral turpitude ("CIMT") pursuant to 8 U.S.C. § 1227(a)(2)(A)(ii) and finding him ineligible for a waiver pursuant to 8 U.S.C. § 1182(h). In re Kwok Sum Wong, No. A036 850 251 (B.I.A. Mar. 20, 2018, May 15, 2012), aff'g No. A 036 850 251 (Immig. Ct. N.Y. City Apr. 24, 2015, Feb. 10, 2012). We assume familiarity with the facts, procedural history and the issues presented for review.

In 2005, Wong was convicted of theft by deception in violation of N.J. Stat. Ann. § 2C:20-4. In 2006, he was convicted of forgery in the second degree in violation of New York Penal Law ("NYPL") § 170.10. In 2011, the Department of Homeland Security ("DHS") charged Wong as removable pursuant to 8 U.S.C. § 1227(a)(2)(A)(ii) for having been convicted of two CIMTs. On appeal, Wong argues (1) that his theft by deception offense does not constitute a "conviction" within...

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