Pascual v. Holder

Manuel Pascual, a citizen of the Dominican Republic, seeks rehearing of our denial of his petition for review of a Board of Immigration Appeals (the “Board”) decision affirming an immigration judge’s (“IJ”) ruling that Pascual had been convicted of an aggravated felony, and was therefore ineligible for cancellation of removal. On February 19, 2013, we held that a conviction under New York Penal Law (“NYPL”) § 220.39(1) constitutes, categorically, an aggravated felony conviction under the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101(a)(43)(B), and we dismissed the petition…