Morris v. Holder

LIVINGSTON, Circuit Judge:

This appeal requires us to determine whether a conviction for second-degree assault pursuant to New York Penal Law § 120.05(2) is a “crime of violence” under 18 U.S.C. § 16(b) and therefore an “aggravated felony” for purposes of § 101(a)(43)(F) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101(a)(43)(F). We are also asked to determine whether the Supreme Court’s decision in Padilla v. Kentucky, — U.S. -, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), overturned the “long and constant line of precedent establishing] that statutes retroactively setting criteria…