Whyte v. Lynch

Petition for review of a Board of Immigration Appeals (BIA) decision ordering petitioner’s removal on the grounds that his Connecticut offense was categorically a crime of violence and thus was necessarily an aggravated felony, the petition is granted where, in light of Chrzanoski v. Ashcroft, 327 F.3d 188 (2d Cir. 2003), which holds that third-degree assault as defined by Connecticut law does not require proof of all of the required elements of a crime of violence, petitioner’s conviction for that offense, standing by itself, does not constitute proof that he has been convicted of an aggravated felony calling for his removal.