Morris v. Holder, No. 10-4687 (2d Cir. 2012)Annotate this Case
Petitioner, a native and citizen of the Grenadines, petitioned for review of the BIA's order affirming the IJ's finding that he was removable based on his second-degree assault conviction in violation of New York Law 120.05(2) and on the basis of petitioner's conviction of attempted criminal possession of a controlled substance in the seventh degree in violation of New York Penal Law 110 and 220.3. The court concluded that a conviction for second-degree assault under section 120.05(2) categorically constituted a "crime of violence" for the purposes of 18 U.S.C. 16(b). The court also concluded that the Supreme Court's decision in Padilla v. Kentucky did not overturn the court's precedent holding that the Ex Post Facto Clause was not applicable in the deportation and removal context. Accordingly, the court dismissed the petition.