Court Says INA §242(a)(2)(C)’s Jurisdictional Provision Does Not Apply Where Removal Order Is Based Solely on Unlawful Presence’

The Second Circuit held that INA §242(a)(2)(C)’s jurisdictional provision applies only to cases in which the immigration judge has found a petitioner removable based on covered criminal activity and does not apply where the petitioner’s order of removal is based solely on unlawful presence.