Publication Date: 2021-07-08
Practice Area: Civil Appeals | Criminal Law | Immigration Law
Industry: Federal Government
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Guido Calabresi
Attorneys: For plaintiff: For Petitioner: Nicholas J. Phillips, Esq., Joseph Moravec, Esq., on the brief, John Peng, Esq., Prisoners' Legal Services of New York, Buffalo, New York.
for defendant: For Respondent: Jessica E. Burns, on the brief, Keith I. McManus, U.S. Department of Justice, Office of Immigration Litigation, for Brian Boynton, Assistant Attorney General, Civil Division, Washington, District of Columbia.
For Appellate Advocates, The Legal Aid Society of Nassau County, The Office of The Appellate Defender, and The Chief Defenders Association of New York, Amici Curiae in support of Petitioner: Paul Skip Laisure, on the brief, Mark Vorkink, New York, New York.
Case Number: 20-27
IIRIRA's Definition of 'Conviction' Ambiguous; BIA's Burden Shifting Regime Not Reasonable