Background

• Giovanni Howard Wood, a Jamaican national and lawful permanent resident, pled guilty at 17 to Connecticut first‑degree robbery under Conn. Gen. Stat. § 53a‑134(a)(4) (display/threat of a firearm) and received a five‑year sentence (one year served, remainder suspended) and probation.
• Department of Homeland Security charged Wood with removability as having committed an aggravated felony: either a crime of violence (8 U.S.C. § 1101(a)(43)(F)) or a theft offense (8 U.S.C. § 1101(a)(43)(G)).
• The Immigration Judge found Wood removable, concluding his conviction was a crime of violence under 18 U.S.C. § 16(b); the IJ did not address § 16(a). The IJ denied asylum/withholding as barred by the aggravated‑felony finding and denied CAT relief.
• On appeal the BIA affirmed, relying on § 16(a) (noting the IJ had relied on § 16(b)). Wood petitioned for review in the Second Circuit and sought a stay of removal.
• Wood argued § 16(b) was void for vagueness (a point later resolved by Sessions v. Dimaya) and that Connecticut first‑degree robbery under § 53a‑134(a)(4) is not a crime of violence under § 16(a).
• The Second Circuit held that the Connecticut statute requires threatened use of physical force (display of a firearm implies threat) and therefore is a crime of violence under 18 U.S.C. § 16(a); the petition for review was denied.

Issues

Key Cases Cited

• Pierre v. Holder, 588 F.3d 767 (2d Cir. 2009) (standard of review for aggravated‑felony classification)
• United States v. Bordeaux, 886 F.3d 189 (2d Cir. 2018) (Conn. first‑degree robbery treated as a violent felony under ACCA because firearm display implies threat)
• Stuckey v. United States, 878 F.3d 62 (2d Cir. 2017) (New York first‑degree robbery based on another's firearm display qualifies as violent felony under ACCA)
• Banegas Gomez v. Barr, 922 F.3d 101 (2d Cir. 2019) (cross‑use of ACCA and § 16(a) precedent is accepted)
• Sessions v. Dimaya, 138 S. Ct. 1204 (2018) (invalidating 18 U.S.C. § 16(b) as unconstitutionally vague)