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Second Circuit – Immigration: Stankiewicz v. Garland
Daily Record Staff//July 22, 2024//
United States Court of Appeals for the Second Circuit
Immigration
Aggravated felony – Categorical approach
21-6265(L)
Judges Walker, Lynch, and Robinson
Background: The petitioner appealed a determination from the Board of Immigration Appeals that concluded she was removable and ineligible to apply for cancellation of removal. At issue is whether New Jersey’s statute criminalizing distributing a controlled substance on or near school property is an aggravated felony.
Ruling: The Second Circuit vacated and remanded. The court held that the conviction is not an aggravated felony as it does not categorically match any offense in the federal Controlled Substances Act or is a felony subject to a sentence exceeding one year.
Joshua E. Bardavid, of Bardavid Law, for the petitioner; Alexander J. Lutz, United States Dept. of Justice, for the respondent.
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