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CA2 on (M)(i) aggravated felony: Akinsade v. Holder

"We hold that because none of the facts to which Akinsade actually and necessarily pleaded to establish the elements of his embezzlement offense reveals whether that offense was committed with a specific intent to defraud, it was error for the BIA to infer that his conviction was an offense involving...

CA2 on AggFel, Categorical Approach: Harbin v. Sessions

Harbin v. Sessions, June 21, 2017 - "We hold that N.Y. Penal Law § 220.31 defines a single crime and is therefore an “indivisible” statute. Accordingly, the agency should have applied the so‐called “categorical approach,” which looks to the statutory definition of the...