Matter of Brathwaite, 28 I&N Dec. 751 (BIA 2023)

Matter of Brathwaite, 28 I&N Dec. 751 (BIA 2023)

Because an appeal accepted under section 460.30 of the New York Criminal Procedure Law is classified as a direct appeal, a respondent with a pending appeal under this section does not have a final conviction for immigration purposes. Brathwaite v. Garland, 3 F.4th 542 (2d Cir. 2021), followed.

[Hats off to John Peng!]