The following excerpt is from Singh v. Barr, 939 F.3d 457 (2nd Cir. 2019):
2 Singh argues that we should not decide the 16(a) issue in the first instance because the BIA never considered it. However, "[b]ecause we review the agencys interpretations of federal and state criminal lawsincluding 18 U.S.C. 16 and [New York] criminal lawde novo, this is not a situation where we would benefit from the agencys reasoning on remand." Banegas Gomez v. Barr , 922 F.3d 101, 107 (2d Cir. 2019).
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