Dawkins v. Holder, No. 12-4569 (2d Cir. 2014)Annotate this Case
Petitioner, a native and citizen of Jamaica, sought review of the BIA's affirmance of the IJ's finding of removal based on her convictions for multiple crimes involving moral turpitude and an aggravated felony as defined in the Immigration and Nationality Act (INA), 8 U.S.C. 1101(a)(43)(G). Petitioner argued that, although she was convicted of a theft offense, the BIA erred in finding that the term of imprisonment for that offense was at least one year. The court held that petitioner's conviction constituted an aggravated felony theft offense for which the term of imprisonment was at least one year because it is the actual sentence imposed, including any recidivist enhancements applied, that is considered. The court extended to its interpretation of the phrase "term of imprisonment" in the INA the Supreme Court's holding in United States v. Rodriquez, that the phrase "maximum term of imprisonment" in the Armed Career Criminal Act (ACCA), 18 U.S.C. 924, includes any applicable recidivist sentence enhancement. Accordingly, the court denied the petition for review.