BRATHWAITE

Cite as

28 I&N Dec. 751

(BIA 2023) Interim Decision #4067 Matter of Aldwin Junior BRATHWAITE, Respondent Decided October 23, 2023 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals Because an appeal accepted under section 460.30 of the New York Criminal Procedure Law is classified as a direct appeal, a respondent with a pending appeal under this section does not have a final conviction for immigration purposes. Brathwaite v. Garland,

3 F.4th 542

(2d Cir. 2021), followed. FOR THE RESPONDENT: John H. Peng, Esquire, Albany, New York FOR THE DEPARTMENT OF…