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TRAN v. GONZALES

No. 02-3879.

414 F.3d 464 (2005)

Son Duc TRAN, Petitioner v. Alberto GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Third Circuit.

Filed July 12, 2005.

Attorney(s) appearing for the Case

Ralf D. Wiedemann (Argued), Klasko, Rulon, Stock & Seltzer, Philadelphia, PA, for Petitioner.

Peter D. Keisler, Assistant Attorney General, Civil Division, Donald E. Keener, Deputy Director, Greg D. Mack (Argued), Senior Litigation Counsel, Linda S. Wernery, John M. McAdams, Jr., United States Department of Justice, Office of Immigration Litigation, Ben Franklin Station, Washington, DC, for Respondent.

Before ROTH, FUENTES, and BECKER, Circuit Judges.

BECKER, Circuit Judge.

Son Duc Tran petitions for review of an order of the Board of Immigration Appeals (BIA) ordering him deported as an aggravated felon. Tran pled guilty in a Pennsylvania court to the crime of "reckless burning or exploding," which the Board found was a crime of violence under 18 U.S.C. § 16(b), and therefore an aggravated felony supporting removal. Tran argues that, because this crime required only a reckless mens rea, and involved no risk...

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