Gomez v. Barr, No. 15-3269 (2d Cir. 2019)Annotate this Case
The Second Circuit denied a petition for review of the BIA's decision affirming the IJ's finding that petitioner was removable and denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The court held that no remand was necessary to determine that petitioner's conviction for Connecticut first‐degree assault constitutes an "aggravated felony," as it fits within the definition of “crime of violence" in 18 U.S.C. 16(a).
The court held that there were no constitutional errors or errors of law and rejected petitioner's contention that Pereira v. Sessions, 138 S. Ct. 2105 (2018), is properly read to mean that the Immigration Court that ordered his removal lacked jurisdiction because the Notice to Appear that was served on him failed to specify the time or date of hearing, even though a Notice of Hearing containing the requisite information subsequently issued.