Dale v. Holder

JENNIFER WALKER ELROD, Circuit Judge:

Carlyle Leslie Owen Dale petitions this court for review of a decision by the Board of Immigration Appeals (BIA) upholding his order of removal under 8 U.S.C. § 1101(a)(43)(F) for being convicted of an aggravated felony (a crime of violence). Dale contends that the BIA incorrectly interpreted New York law in determining that his guilty plea to attempted assault under New York Penal Law § 120.10(1)-(4) in New York state court was necessarily a plea to either subsection (1) or (2), both of which he concedes are crimes of violence, rather than subsections (3)…