Publication Date: 2010-09-17
Practice Area:
Industry:
Court: U.S. Court of Appeals, Second Circuit
Judge: Before: Kearse, Cabranes, and Livingston, C.JJ.
Attorneys: For plaintiff: Andrew K. Chow, New York, New York (Neil A. Weinrib & Associates, New York, New York, on the brief), for Petitioner.
for defendant: Keith I. McManus, Senior Litigation Counsel, Washington, D.C. (Tony West, Assistant Attorney General, Terri J. Scadron, Assistant Director, Anthony W. Norwood, Senior Litigation Counsel, Office of Immigration Litigation, U.S. Department of Justice, Civil Division, Washington, D.C., on the brief), for Respondent. *1Petition for review of a decision of the Board of Immigration Appeals, refusing to reopen removal proceeding on petitioner's motion asserting that his counsel provided ineffective assistance by failing to assert (a) that the crime of which petitioner had been convicted was a petty, nonremovable, offense within the scope of 8 U.S.C. §1182 (a) (2) (A) (ii) (II), and (b) that 8 U.S.C. §1101 (a) (13), as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, could not be applied retroactively.
Case Number: 09-0649-ag
Cite as: Vartelas v. Holder, 09-0649-ag, NYLJ 1202472054411, at *1 (2CIR, Decided September 09, 2010)Before: Kearse, Cabranes, and Livingston, C.JJ.p class
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