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DICKSON v. ASHCROFT

No. 02-4102.

346 F.3d 44 (2003)

John P. DICKSON, Petitioner, v. John ASHCROFT, Attorney General of the United States of America, Respondent.

United States Court of Appeals, Second Circuit.

Decided: September 9, 2003.

Attorney(s) appearing for the Case

George A. Terezakis, Mineola, NY, for Petitioner.

Rebecca C. Martin, Assistant United States Attorney (James B. Comey, United States Attorney for the Southern District of New York, Kathy S. Marks, Gideon A. Schor, of counsel), New York, NY, for Respondent.

Terry A. Maroney, Wilmer, Cutler & Pickering, New York, NY (Paul A. Engelmayer, Anjan Sahni, Wilmer, Cutler & Pickering, New York, NY; Jonathan E. Gradess, Manuel D. Vargas, New York State Defenders Association, New York, NY; Joshua L. Dratel, National Association of Criminal Defense Lawyers and New York State Association of Criminal Defense Lawyers, New York, NY, on the brief) for amici curiae New York State Defenders Association, New York State Association of Criminal Defense Lawyers, and National Association of Criminal Defense Lawyers.

Before: McLAUGHLIN, LEVAL, and SOTOMAYOR, Circuit Judges.

SOTOMAYOR, Circuit Judge.

Petitioner John Dickson petitions for review of the decision of the Board of Immigration Appeals ("BIA") ordering him removed for having been convicted of an aggravated felony. Under the categorical approach to criminal statutory interpretation, we hold that the state-law crime of unlawful imprisonment in the first degree is divisible into crimes that are categorically grounds for removal and others that are not. Accordingly, the BIA was...

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