John P. Dickson v. John Ashcroft, Attorney General of the United States of America
Court of Appeals for the Second Circuit
1Opinion of the Court
SOTOMAYOR, Circuit Judge.
Petitioner John Dickson petitions for review of the decision of the Board of Immigration Appeals (“BIA”) ordering him removed for having been convicted of an aggravated felony. Under the categorical approach to criminal statutory interpretation, we hold that the state-law crime of unlawful imprisonment in the first degree is divisible into crimes that are categorically grounds for removal and others that are not. Accordingly, the BIA was permitted to consult the record of conviction to determine the specific crime for which Dickson was convicted. In assessing whether…
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