Genego v. Barr, No. 16-867 (2d Cir. 2019)Annotate this Case
Petitioner, a native and citizen of Ghana, sought review of the BIA's decision affirming the IJ's order of removal based on petitioner's prior Connecticut conviction for third‐degree burglary, which the BIA determined was a crime of violence as defined in 18 U.S.C. 16(b). The Supreme Court subsequently decided Sessions v. Dimaya, 138 S. Ct. 1204 (2018), which found that section 16(b) was unconstitutionally vague and void. The Second Circuit held that the Supreme Court's holding in Dimaya made it clear that petitioner was no longer subject to removal proceedings and granted the petition for review, vacating the order of removal and terminating removal proceedings.