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Thomas v. Attorney General, 08-4706

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By FindLaw Staff on October 26, 2010 2:43 PM

Jamaican citizen's petition for review of BIA's dismissal of appeal of an IJ's removal order granted

Thomas v. Attorney General, 08-4706, concerned a Jamaican citizen's petition for review of BIA's dismissal of his appeal of an IJ's judgment finding him removable.  In granting the petition, the court held that there exists jurisdiction over petitioner's petition for review of the BIA's original decision.  The court also held that petitioner's misdemeanor convictions for violating New York Law section 221.40 do not constitute drug trafficking crimes that qualify as aggravated felonies.

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