Wednesday, January 18th, 2017

CA2 on Unreliability of Pre-Sentence Report: Wassily v. Holder

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Kerry Bretz writes: "Mr. Wassily (A026-102-429), was previously granted asylum in 2000 based on a well-founded fear of religious persecution in Egypt as a Coptic Christian.  On March 22, 2004, he was convicted under NYPL § 120.50 for 3rd degree stalking and NYPL § 260.10 for endangering the welfare of a child.  These are both class A misdemeanors for which he was sentenced to three years probation.  On February 15, 2007, the Department of Homeland Security (DHS) filed a motion to reopen Mr. Wassily’s case and terminate his asylee status arguing that his 3rd degree stalking violation was a particularly serious crime (PSC).  On April 10, 2007, The Immigration Judge (IJ) granted the DHS’s motion to reopen and subsequently they submitted various conviction documents including a plea colloquy and pre-sentence investigation