Costa v. Holder, No. 09-2380, concerned a petition for review of an order of the BIA affirming the decision of an Immigration Judge that denied petitioner's motion to terminate and ordered him removed as an alien who had been convicted of an aggravated felony pursuant to section 101(a)(43)(F) of the Immigration and Nationality Act. The court of appeals denied the petition, on the ground that, under the court's decision in Chery v. Ashcroft, 347 F.3d 404, 408-09 (2d Cir. 2003), petitioner's conviction for violation of Connecticut General Statutes section 53a-71 constituted an aggravated felony pursuant to INA section 101(a)(43)(F).
As the court wrote: "Petitioner seeks review of an order of the Board of Immigration Appeals ("BIA" or "Board") affirming the decision of an Immigration Judge that denied Petitioner's motion to terminate and ordered him removed as an alien who had been convicted of an aggravated felony pursuant to section 101(a)(43)(F) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1101(a)(43)(F). Because under this Court's decision in Chery v. Ashcroft, 347 F.3d 404, 408-09 (2d Cir. 2003), Petitioner's conviction for violation of Connecticut General Statutes § 53a-71 constitutes an aggravated felony pursuant to INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F), we DENY the petition for review."
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