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SALEH v. GONZALES

Docket No. 05-5909-ag.

495 F.3d 17 (2007)

Yasser Nasser SALEH, Petitioner, v. Alberto GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Second Circuit.

Decided: July 17, 2007.

Amended: August 3, 2007.

Attorney(s) appearing for the Case

Eric W. Schultz, Sacks, Kolken & Schultz, Buffalo, NY, for Petitioner.

Shane Cargo, Assistant United States Attorney, (Michael J. Garcia, United States Attorney, Sara L. Shudofsky, Assistant United States Attorney, on the brief), United States Attorney's Office for the Southern District of New York, for Respondent.

Before: FEINBERG, SOTOMAYOR, and HALL, Circuit Judges.

FEINBERG, Circuit Judge:

Yasser Nasser Saleh, a lawful permanent resident of the United States, was charged as removable under section 237(a)(2)(A)(i) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1227(a)(2)(A)(i). The basis of the charge was his conviction in state court of receiving stolen property, which is a removable offense, i.e., a "crime involving moral turpitude" ("CIMT") for which a sentence of one year or longer could have been imposed...

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