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CA2 on Continuance, Categorical Approach: Flores v. Holder

February 27, 2015 (1 min read)

"We hold that the agency (1) abused its discretion in denying the motion to continue because it failed to apply the correct legal standard, (2) erred in its application of the modified categorical approach to determine whether petitionerʹs convictions for first‐degree sexual abuse under New York law constituted aggravated felonies relating to the sexual abuse of a minor, and (3) did not err in concluding that petitioner had been convicted of a particularly serious crime." - Flores v. Holder, Feb. 26, 2015.  [Hats off to appointed pro bono counsel John W. Cerreta!]