Pierre v. Holder
Court of Appeals for the Second Circuit
1Opinion of the Court
JOHN M. WALKER, JR., Circuit Judge:
Frantzcia Pierre appeals from an order of the Board of Immigration Appeals (“BIA”) dated November 25, 2008, finding her removable as an aggravated felon as defined under subsections M and U of section 101(a)(43) of the Immigration and Nationality Act (“INA”), 8 U.S.C. §§ 1101(a)(43)(M), (U). This case calls upon us to determine two questions: (1) whether subsection U is a necessarily included offense to a charge of removability under section 237(a)(2)(A)(iii) of the INA, 8 U.S.C. § 1227(a)(2)(A)(iii), as defined by subsection M; and (2) whether the BIA…
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