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Second Circuit Declines to Give Retroactive Effect to New York Sentencing Reform


September 26, 2023
by Sabrina Damast

The Second Circuit has declined to give retroactive effect to New York’s sentencing reform for misdemeanors (reducing the maximum sentence from 365 to 364 days of incarceration) in immigration proceedings.

The full text of Vasquez v. Garland can be found here:

https://ww3.ca2.uscourts.gov/decisions/isysquery/fe90911e-cb1d-4077-83eb-4b6a4ff087c6/9/doc/21-6380_complete_opn.pdf#xml=https://ww3.ca2.uscourts.gov/decisions/isysquery/fe90911e-cb1d-4077-83eb-4b6a4ff087c6/9/hilite/

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Posted in New Case Law
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tagged with Second Circuit, post-conviction relief, retroactivity, crimmigration
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