Petition for review of an order finding plaintiff removable under the Immigration and Nationality Act for having committed a firearm-related offense in violation of New York Penal Law is granted where, in light of the present court's decision in James, before deciding whether plaintiff committed a removable offense the matter must be remanded to the Board to determine whether New York Penal Law sec. 120.14 is divisible under the modified categorical approach.
Appeal from the United States District Court for the Southern District of Iowa.
Argued: May 30, 2007
Decided: August 5, 2009
Before: KEARSE, STRAUB, and POOLER, Circuit Judges.
Per Curium Opinion
For Respondent: PAUL NAMAN, Assistant United States Attorney, Beaumont, T.X.