Wood v. Barr, 110119 FED2, 17-514-ag

Docket Nº:17-514-ag
Opinion Judge:PER CURIAM.
Party Name:GIOVANNI HOWARD WOOD, Petitioner, v. WILLIAM P. BARR, United States Attorney General Respondent.
Attorney:GLENN FORMICA, NEW HAVEN, CT, FOR PETITIONER GIOVANNI HOWARD WOOD. KILEY KANE, SENIOR LITIGATION COUNSEL, OFFICE OF IMMIGRATION LITIGATION (STEPHEN J. FLYNN, ASSISTANT DIRECTOR, ON THE BRIEF), FOR CHAD A. READLER, ASSISTANT ATTORNEY GENERAL, CIVIL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE, WA...
Judge Panel:Before: WINTER, POOLER, and PARK, Circuit Judges.
Case Date:November 01, 2019
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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GIOVANNI HOWARD WOOD, Petitioner,

v.

WILLIAM P. BARR, United States Attorney General Respondent.

No. 17-514-ag

United States Court of Appeals, Second Circuit

November 1, 2019

Submitted: October 17, 2019

Petition for review of a decision by the Board of Immigration Appeals, affirming Immigration Judge's ("IJ") finding Wood removable for an aggravated felony. We hold that Wood's conviction for first-degree robbery in violation of Connecticut General Statutes § 53a-134(a)(4) is a crime of violence under 18 U.S.C. § 16(a) and therefore an aggravated felony under 8 U.S.C. §§ 1227(a)(2)(A)(iii), 1101(43)(F). Accordingly, we DENY the petition for review.

GLENN FORMICA, NEW HAVEN, CT, FOR PETITIONER GIOVANNI HOWARD WOOD.

KILEY KANE, SENIOR LITIGATION COUNSEL, OFFICE OF IMMIGRATION LITIGATION (STEPHEN J. FLYNN, ASSISTANT DIRECTOR, ON THE BRIEF), FOR CHAD A. READLER, ASSISTANT ATTORNEY GENERAL, CIVIL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE, WASHINGTON, DC, FOR RESPONDENT WILLIAM P. BARR, UNITED STATES ATTORNEY GENERAL.

Before: WINTER, POOLER, and PARK, Circuit Judges.

PER CURIAM.

We hold that first-degree robbery in violation of Connecticut General Statutes § 53a-134(a)(4) is a crime of violence under 18 U.S.C. § 16(a) and as a result, is an aggravated felony for which a petitioner may be removable under 8 U.S.C. § 1227(a)(2)(A)(iii). Accordingly, we DENY the petition for review.

BACKGROUND

Giovanni Howard Wood, a native and citizen of Jamaica, came to the United States in 2004 on a tourist visa. He became a lawful permanent resident in 2006. When seventeen years old, Wood pled guilty to first-degree robbery in violation of Connecticut General Statutes § 53a-134(a)(4). He received a sentence of five years' imprisonment, suspended after one year, and five years' probation.

In 2014, the Department of Homeland Security served Wood with a Notice to Appear and charged him as removable for having been convicted of an aggravated felony, either a crime of violence, 8 U.S.C. § 1101(a)(43)(F), or a theft offense, 8 U.S.C. § 1101(a)(43)(G). Before the IJ, Wood challenged his aggravated felony charges and asserted...

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