Singh v. Barr, No. 14-1018 (2d Cir. 2019)Annotate this Case
The Second Circuit denied a petition for review of the BIA's decision affirming the IJ's denial of petitioner's application for asylum and for withholding and deferral of removal under the Immigration and Nationality Act (INA) and the Convention Against Torture (CAT).
The court held that petitioner's second‐degree assault conviction under NYPL 120.05(2) qualifies as an aggravated felony crime of violence under 18 U.S.C. 16(a). Therefore, petitioner was removable and ineligible for asylum. The court rejected petitioner's remaining claims, which challenged the BIA's determination that his assault was a particularly serious crime and his CAT deferral, as lacking in merit.