V-A-K

Cite as

28 I&N Dec. 630

(BIA 2022) Interim Decision #4051 Matter of V-A-K-, Respondent Decided August 17, 2022 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals A conviction for second degree burglary of a dwelling under section 140.25(2) of the New York Penal Law is categorically a conviction for generic burglary under section 101(a)(43)(G) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101(a)(43)(G) (2018), because the statute requires burglary of a structure or vehicle that has been adapted or is customarily used for overnight…