Legal Opinion
Akinsade v. Holder
Court of Appeals for the Second Circuit
Decided May 1, 2012No. 10-662PublishedCited by 12 opinions
1Opinion of the Court
KATZMANN, Circuit Judge:
This case requires us to consider whether Temitope Taju Akinsade’s (“Akinsade” or “petitioner”) record of conviction for embezzlement by a bank employee in violation of 18 U.S.C. § 656 (“§ 656”) establishes that he actually and necessarily pleaded to committing an offense that involved fraud or deceit. For the reasons set forth below, we conclude that it was error for the Board of Immigration Appeals (“BIA”) to have inferred from Akinsade’s plea colloquy that he committed embezzlement with an intent to defraud. Accordingly, we grant Akinsade’s petition for review,…
2Cases cited13 opinions
- Padilla v. KentuckySupreme Court of the United States · 2010
- Shepard v. United StatesSupreme Court of the United States · 2005
- Harlen Associates v. The Incorporated Village of Mineola and Board of Trustees for the Incorporated Village of MineolaCourt of Appeals for the Second Circuit · 2001
- Nijhawan v. HolderSupreme Court of the United States · 2009
- Elanith Valansi v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2002
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- United States v. Temitope AkinsadeCourt of Appeals for the Fourth Circuit · 2012
- United States v. BeardsleyCourt of Appeals for the Second Circuit · 2012
- Florez v. HolderCourt of Appeals for the Second Circuit · 2015
- Efstathiadis v. HolderCourt of Appeals for the Second Circuit · 2014
- Patel v. HolderCourt of Appeals for the First Circuit · 2013
7 more not listed; retrieve them via the Exa API.