Conn. 3rd-Degree Assault Won't Trigger Removal: 1st Circ.

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December 10, 2015
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December 10, 2015

Law360, New York (December 10, 2015, 6:40 PM ET) — The First Circuit granted a Jamaican citizen’s petition to vacate his removal order Wednesday, saying his conviction of third-degree assault in Connecticut does not constitute proof that he has been convicted of an aggravated felony requiring his deportation.

Pointing to the Second Circuit’s decision in Chrzanoski v. Ashcroft, which held that third-degree assault as defined by Connecticut law does not require proof of all of the required elements of a crime of violence, a three-judge panel said it found no authority suggesting that third-degree assault in…

Source: Law360